HQ 084624: Quota category and Country of origin of baseball hats

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084624

                                   August 08, 1989



          CLA-2:CO:R:C:G  084624  SR

          CATEGORY:  Classification

          TARIFF NO.:  6505.90.6060

          Ms. Charlotte Tsai
          R & R Accessories, Inc.
          10 West 32nd Street
          New York, N.Y. 10001

          RE: Quota category and Country of origin of baseball hats

          Dear Ms. Tsai:

               This is in reference to your letter dated April 17, 1989,
          requesting the proper quota category and country of origin of
          baseball hats under the Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA).  A sample was submitted.

          FACTS:

               The merchandise at issue is a baseball hat.  The material
          for the hat is cut in Taiwan but is assembled in either the
          Philippines, Thailand, or China.  The hat is composed primarily
          of a knit man-made fiber material.  The front panel of the crown
          is thick to allow for silk-screening, with several layers of
          fabrics.  The hat has plastic interface linings and a plastic
          rear adjustable closure.  The hat appears to consist of at least
          seven textile panels or strips, as well as other plastic, foam,
          textile, and metal parts.

          ISSUE:

               Whether substantial transformation has occurred for country
          of origin purposes.

          LAW AND ANALYSIS:

               The criteria for determining country of origin is stated in
          section 13.130(d) of the Customs Regulations (19 CFR 13.130(d))
          as the following:

               (d) Criteria for determining country of origin.  The
               criteria in paragraphs (d) (1) and (2) of this section shall













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          be considered in determining the country of origin of imported
          merchandise.  These criteria are not exhaustive.  One or any
          combination of criteria may be determinative, and additional
          factors may be considered.
               (1) A new and different article of commerce will usually
               result from a manufacturing or processing operation if there
               is a change in:
               (i) Commercial designation or identity,
               (ii) Fundamental character or
               (iii) Commercial use.
               (2) In determining whether merchandise has been subjected to
               substantial manufacturing or processing operations, the
               following will be considered:
               (i) The physical change in the material or article as a
               result of the manufacturing or processing operations in each
               foreign territory or country, or insular possession of the
               U.S.
               (ii) The time involved in the manufacturing or processing
               operations in each foreign territory or country, or insular
               possession of the U.S.
               (iii) The complexity of the manufacturing or processing
               operations in each foreign territory or country, or insular
               possession of the U.S.
               (iv) The level or degree of skill and/or technology required
               in the manufacturing or processing operations in each
               foreign territory or country, or insular possession of the
               U.S.
               (v) The value added to the article or material in each
               foreign territory or country, or insular possession of the
               U.S., compared to its value when imported into the U.S.

               Although parts for the merchandise at issue are cut or
          manufactured in Taiwan, they are assembled in another country.
          The country of origin would be the country where the articles are
          constructed.  The sewing of the pieces changes the fundamental
          character of the item and gives it a new identity.  Before the
          pieces are sewn together they have no use.  No information was
          given about the manufacturing processes; however, the sewing of
          the pieces appears to be substantialy more complicated and time-
          consuming than cutting out the pieces of fabric.  The article
          probably will have more value as a completed hat than as cut
          pieces of material.

               The country of origin of the hat will be the country in
          which it is sewn.  Baseball hats are provided for in

















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          heading 6505, HTSUSA, as hats and other headgear, knitted, or
          made up from other textile fabric, whether or not lined or
          trimmed.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6505.90.6060, HTSUSA, as hats, knitted, whether or not lined,
          other, of man-made fibers, knitted, not in part of braid, other.
          The textile category number is 659, the rate of duty is 39.7
          cents per kilogram and 8 percent ad valorem.  The hats are
          subject to textile quotas and duty from all three countries
          named: the Philippines, Thailand, or the People's Republic of
          China.

               Due to the changeable nature of the statistical annotation
          (the ninth and tenth digits of the classification) and the
          restraint (quota/visa) categories, you should contact your local
          Customs office prior to importation of this merchandise to
          determine the current status of any import restraints or
          requirements.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division



































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference