HQ 084612: Classification of 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 084612

                                   August 03, 1989



          CLA-2:CO:R:C:G  084612  SR

          CATEGORY:  Classification

          TARIFF NO.:  6504.00.9015

          Mr. Daniel Rainer
          Hasbro
          32 West 23rd Street
          New York, N.Y. 10010

          RE: Classification of hats

          Dear Mr. Rainer:

               This is in reference to your letter dated April 17, 1989,
          requesting the classification of hats under the  Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA).  Samples
          produced in Taiwan were submitted.

          FACTS:

               The merchandise at issue is hats made from 100 percent
          polypropylene strips.  The polypropylene strips have been plaited
          and are under 5 millimeters in the apparent width.  The hats are
          made by sewing the strips spirally together, starting from the
          crown where each spiral overlaps the previous one.  The hats have
          brims of the same construction and are trimmed with chin straps,
          ribbons and flowers.

          ISSUE:

               Whether the polypropylene strips are considered a textile or
          a plastic for classification purposes.

          LAW AND ANALYSIS:

               Heading 6504, HTSUSA, provides for hats and other headgear,
          plaited or made by assembling strips of any material, whether or
          not lined or trimmed.  Further breakout of the tariff is


















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          determined by whether the strips are considered plastics or
          textile.  Heading 5404, HTSUSA, provided in part for strip and
          the like (for example artificial straw) of synthetic textile
          materials of an apparent width not exceeding 5 mm.  The
          Explanatory Notes provide the official interpretation of the
          tariff at the international level.  The Explanatory Notes to
          heading 5404, HTSUSA, read in part as follows:


               (2)  Strip and the like, of synthetic textile materials.
               The strips of this heading are flat, of a width not
               exceeding 5 mm, either produced by extrusion or cut from
               wider strips or from sheets.

          The strips that makeup the hats at issue measure less than 5 mm
          in width, and therefore are considered to be of textile material.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6504.00.9015, HTSUSA, as hats, plaited or made by assembling
          strips of any material, whether or not lined or trimmed, other,
          sewed, of manmade fiber.

               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