The tariff classification of a hat from China

N302297 February 19, 2019 CLA-2-65:OT:RR:NC:N3:358 CATEGORY: Classification TARIFF NO.: 6505.00.8090; 9903.88.03 Ms. Kali Shek Silver Timing Limited 8/F, Pioneer Place 33 Hoi Yuen Road Kwun Tong Hong Kong RE: The tariff classification of a hat from China Dear Ms. Shek: In your letter dated December 10, 2018, you requested a tariff classification ruling. With your request you submitted a sample which will be retained for training purposes. Item STTYDS417, identified as “Child’s Chef Hat,” is a toque-stle chef’s hat. The crown, measuring approximately 5.5 inches in height, is constructed of a woven fabric that is sewn along the bottom edge to a woven strip of gingham fabric, measuring approximately 2.5 inches in width that encloses a plastic band to hold the hat on the head. In your submission and subsequent email correspondence, you state that fabrics used to manufacture this hat are composed of 100 percent polyester. The hat will be manufactured in China and will be imported in children’s sizes. In your submission you suggest classification under subheading 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other festive, carnival, or other entertainment articles. However, these are hats that can be worn at any time, not just on a specific festive occasion therefore, classification under Chapter 95, HTSUS, is precluded. The applicable subheading for item STTYDS417 will be 6505.00.8090, HTSUS, which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of man-made fibers: Other: Not in part of braid: Other: Other: Other.” The rate of duty will be 18.7 cents per kilogram plus 6.8 percent ad valorem. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 6505.00.8090, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 6505.00.8090, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Michael Capanna at michael.s.capanna@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division