The tariff classification of a hat from China.

NY J88793 September 25, 2003 CLA-2-65:RR:NC:3:353 J88793 CATEGORY: Classification TARIFF NO.: 6505.90.8090 Ms. Annalee C. McKay Mario Chiodo Studios 70 Washington St., Suite 425 Oakland, CA 94607 RE: The tariff classification of a hat from China. Dear Ms. McKay: In your letter dated September 10, 2003 you requested a classification ruling. The sample will be returned to you as requested. The submitted sample, style 5166013, Ghost Baseball Cap is a novelty hat made of woven 100% polyester fabric. The baseball style cap has an adjustable strap at the back and a ghost figure at the top. The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “…this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).” The item is considered headgear of Chapter 65. See ruling HQ 961728, dated April 8, 1999 for a detailed explanation. The applicable subheading for the Ghost Baseball Cap, style 5166013 will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear…Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The duty rate will be 19 cents/kg + 6.9% ad valorem. The applicable subheading for style 5166013 will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear…Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The duty rate will be 19 cents/kg + 6.9% ad valorem. Style 5166013 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division