HQ 084621: Classification of baseball caps

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 084621

                                   August 09, 1989



          CLA-2:CO:R:C:G  084621  SR

          CATEGORY:  Classification

          TARIFF NO.:  6505.90.6060; 6505.90.8060; 6505.90.9060

          Mr. Jim Ghedi
          8107 Springdale Road
          Suite 106
          Austin, Tx. 78724

          RE: Classification of baseball caps

          Dear Mr. Ghedi:

                This is in reference to your letter dated April 14, 1989,
          requesting the tariff classification of baseball caps under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Samples produced in China and Taiwan were submitted.

          FACTS:

                The merchandise at issue is baseball caps.  Three different
          samples were submitted.  Sample number 1 is a knit black cap that
          is composed a polyester knit crown with cotton interface linings.
          Sample number 2 is a woven gray cap that is composed of 55
          percent ramie and 45 percent cotton.  Sample number 3 is a woven
          beige cap composed of 60 percent rayon and 40 percent cotton.

          ISSUE:

                What is the classification of baseball caps?

          LAW AND ANALYSIS:

                Heading 6505, HTSUSA, provides for hats and other headgear,
          knitted or crocheted, or made up from lace, felt or other textile
          fabric, whether or not lined or trimmed.  Classification of goods
          under the HTSUSA is governed by the General Rules of
          Interpretation (GRI).  GRI 1 provides that classification shall
          be determined according to the terms of the headings and any
          relative section or chapter notes, and provided such headings or
















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          notes do not otherwise require, according to the remaining GRI's
          taken in order.  The hats at issue fit under the terms of heading
          6505, HTSUSA, and according to GRI 1 must be classified as such.
          Sample number 1 is a knit hat and samples number 2 and 3 are hats
          of other textile fabric.

          HOLDING:

                Sample number 1 is a polyester knit hat and therefore,
          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
          14.1 percent ad valorem.

                Sample number 2 is a woven hat that is listed as being in
          chief weight of ramie.  If the hat is in chief weight of ramie
          then sample number 2 is classifiable under subheading
          6505.90.9060, HTSUSA, as hats or other textile fabric, whether or
          not lined or trimmed, other, other, other.  The textile category
          number is 859, the duty rate is 22 cents per kilogram and 8
          percent ad valorem.

                Sample number 3 is a woven hat that is claimed to be in
          chief weight of rayon.  If the hat is in chief weight of rayon
          then it is classifiable under subheading 6505.90.8060, HTSUSA, as
          hats of other textile materials, other, of man-made fibers,
          other, not in part of braid, other, other.  The textile category
          number is 659, the rate of duty is 22 cents per kilogram and 8
          percent ad valorem.

                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