HQ 084951: Classification of a baseball cap with an inflatable bat

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 084951

                                 August 9, 1989


      CLA-2 CO:R:C:G  084951  CMR  840262

      CATEGORY: Classification

      TARIFF NO.: 6505.90.6060

      Ms. Laura Fumagalli
      Dakin, Inc.
      7000 Marina Blvd.
      Brisbane, California  94005

      RE: Classification of a baseball cap with an inflatable bat

      Dear Ms. Fumagalli:

           This ruling is in response to your letter of April 13, 1989,
      requesting the classification of a baseball cap with an inflatable
      bat attached to its crown by  a hook-and-loop fastener.

      FACTS:

           The article at issue is a baseball cap manufactured of 100
      percent polyester knit fabric and knit mesh material.  The front
      panel is backed with a foam fill and knit fabric lining.  The brim of
      the cap consists of a plastic form covered with thin foam fill and
      knit fabric.  An adjustable plastic strap is stitched to the back of
      the cap for fit.  An inflatable vinyl bat (the flying kind) attaches
      to the crown of the cap via a hook-and-loop fastener.  The word
      "EEEK!" is printed on the front panel.  The cap is manufactured in
      Taiwan.

      ISSUE:

           Is the cap classifiable as a festive article of Chapter 95,
      HTSUSA, or is it classifiable as headwear of Chapter 65, HTSUSA?

      LAW AND ANALYSIS:

           Classification of goods under the HTSUSA is governed by the
      General Rules of Interpretation (GRI's).  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 notes do not otherwise require, according to the
      remaining GRI's taken in order.











                                       -2-


           The Explanatory Notes, which are the official interpretation of
      the HTSUS at the international level, define composite goods as "not
      only those in which the components are attached to each other to form
      a practically inseparable whole but also those with separable
      components, provided these components are adapted one to the other
      and are mutually complementary and that together they form a whole
      which would not normally be offered for sale in separate parts."  The
      cap at issue falls within the preceding definition of a composite
      article.  While baseball caps are normally offered for sale
      separately, this cap is different due to the presence of the hook-
      and-loop fastener on the crown for attaching the bat.

           The cap has a Halloween theme so at first glance it would appear
      to be classifiable under two headings--9505, HTSUSA, as a festive
      article, or 6505, HTSUSA, as knitted or crocheted headgear.  Note
      1(g), Chapter 95, excludes sports headgear of Chapter 65 (as well as
      sports footwear) from inclusion in Chapter 95.  Due to the detachable
      nature of the bat, we believe this cap will be used principally the
      same as other baseball caps.  The cap is therefore considered sports
      headgear of Chapter 65 and excluded from classification in Chapter
      95.

      HOLDING:

           The cap at issue is classifiable under subheading 6505.90.6060,
      HTSUSA, as hats and other headgear, knitted or crocheted, whether or
      not lined or trimmed, or man-made fibers, not in part of braid,
      other.  The textile category number is 659, and the rate of duty is
      39.7 cents per kilogram plus 14.1 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


















      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins