The tariff classification of headgear from the Dominican Republic.

N130277 November 30, 2010 CLA-2-65:OT:RR:NC:TA:353 CATEGORY: Classification TARIFF NO.: 6505.90.6090 Mr. John B. Pellegrini McGuireWoods LLP 1345 Avenue of the Americas Seventh Floor New York, NY 10105-0106 RE: The tariff classification of headgear from the Dominican Republic. In your letter dated October 29, 2010, on behalf of Spartan Brands Inc., you requested a tariff classification ruling. The samples that you submitted will be returned to you. The submitted samples are Style Nos. 803DT Doo Tie, 891ET East Tie Scarf, 789TS Tie String Triangle and 870WC Wrap Cap. All of the items are constructed of knit man made fiber fabric. They are intended to be worn by women as a covering for the head at night while sleeping to protect hairstyles and breakage to the hair. Each item has a smooth outside that allows the head to slide on the pillow and a soft inside that ensures the article remains on the head. Style No. 803DT Doo Tie is a hood that is approximately 16-inches long at the back and the sides and is secured by two approximately 28-inch by 3-inch self-fabric ties that wrap around the head. Style No. 891ET East Tie Scarf measures approximately 12-inches wide and 20-inches long with a 1-inch hem on one 12-inch side, and is secured to the head by two approximately 12-inch long self-fabric ties. Style No. 789TS Tie String Triangles measures approximately 29-inches by 25-inches by 25-inches with capping on the 29-inch side, which creates string ties that are approximately 15-iches long. Style No. 870WC Wrap Cap is an elongated oval shape approximately 20-inches long and 6-inches wide at its widest point. The item is fully capped and has 10½-inch long string ties at each end. The items are not clothing accessories, which are related to clothing, intended for use with clothing and of secondary importance to clothing; the instant merchandise is used to protect hair and hairstyles while asleep. The Explanatory Notes to Chapter 65 states that, with certain exceptions, “…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 items are headgear. The applicable subheading for the Style Nos. 803DT Doo Tie, 891ET East Tie Scarf, 789TS Tie String Triangle and 870WC Wrap Cap will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hats or other headgear, knitted or crocheted, or made from lace, felt or other textile fabrics, in the piece (but not in strips)…Other: Other: Of man-made fibers: Knitted or crocheted or made up of from knitted or crocheted fabric: Not in part of braid, Other: Other: Other.” The rate of duty will be 20 cents per kilogram plus 7 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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