HQ 087321: Classification of infant's bonnets

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 087321

                                    August 10, 1990





            CLA-2 CO:R:C:G  087321 DRR

            CATEGORY: Classification

            TARIFF NO.: 6505.90.6080

            Mr. Christopher L. Thayer
            Hallmark Cards, Inc.
            2501 McGee-Mail Drop #376
            P.O. Box 419580
            Kansas City, Missouri 64141-6580

            Re:  Classification of infant's bonnets

            Dear Mr. Thayer:

                 This is in reference to your letter dated April 26, 1990,
            requesting the classification of two bonnets under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue is represented by two bonnets
            for infants.  The bunny bonnet, style 895HJR4086, is made of a
            nylon and polyester blend fabric that has been brushed to form
            a napped surface.  The bonnet has an imitation fur strip along
            the front, two bunny ears attached at the crown, a bow trimmed
            with two small pom-poms and a chin strap secured by hook and
            loop fastener.  The pumpkin hat, style 895HJR4076, is made of
            100 percent nylon knit fabric, the inner lining of which has
            been brushed to create a napped surface.  The pumpkin hat has
            a stem and leaf at the crown, a bow at one side and a chin
            strap secured by hook and loop fastener.  Included with the
            samples are copies of promotional materials from a Halloween
            and Thanksgiving catalogue which offer these bonnets, as well
            as matching diaper covers and booties, for sale.



            ISSUE:

                 What is the classification of the merchandise at issue?













                                          -2-


            LAW AND ANALYSIS:

                 Classification under the HTSUSA is in accordance with the
            General Rules of Interpretation (GRI), taken in order.  GRI 1
            provides that classification shall be determined according to
            the terms of the headings and any relative section or chapter
            notes.  Heading 9505, HTSUSA, provides for festive, carnival
            or other entertainment articles.  Heading 6505, HTSUSA,
            provides for hats and other headgear of knitted or crocheted
            fabrics.  Heading 6111, HTSUSA, provides for babies' garments
            and clothing accessories, knitted and crocheted.

                 The bonnets at issue are designed and advertised for
            use particularly at Halloween, for the pumpkin and bunny
            motifs and possibly Easter, for the bunny motif.  Although
            these bonnets are novelty headwear, not designed for everyday
            wear and use, they do have utilitarian value and are usable as
            bonnets.  They are not articles traditionally associated with
            the Easter and Halloween holidays and are therefore not
            festive articles as provided for in heading 9505.

                 The Explanatory Notes to the HTSUSA constitute the
            official interpretation of the tariff at the international
            level and may be consulted for guidance as to the correct
            international interpretation of the various HTSUSA provisions.
            The Explanatory Notes to heading 6111 exclude bonnets from
            that chapter and state that they are more specifically
            provided for under heading 6505.

                 Heading 6505, HTSUSA, provides for hats and other
            headgear, knitted or crocheted.  Note 1(c), Chapter 65,
            states that doll's hats, other toy hats or carnival articles
            of Chapter 95 are excluded from that chapter.  However, the
            bonnets here at issue are not within the purview of that
            exclusion, and therefore appropriately classified under
            Heading 6505.

            HOLDING:

                 The bonnets are classified under subheading 6505.90.6080,
            HTSUSA, as hats and other headgear, of man made fibers,
            knitted or crocheted, not in part of braid, other, with a duty
            rate of 39.7 cents per kilogram, plus 14.1 percent ad valorem,
            and subject to textile category 659.

















                                          -3-


                 Due to the changeable nature of the statistical
            annotation and the restraint (quota/visa) categories
            applicable to textile merchandise, the importer should contact
            the local Customs office prior to importation of this
            merchandise to determine the current status of any import
            restraints or requirements.

                 The designated textile and apparel category may be
            subdivided into parts.  If so, visa and quota requirements
            applicable to the subject merchandise may be affected.  Since
            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, we suggest that you check, close to the time of
            shipment, the Status Report on Current Import Quotas
            (Restraint Levels), an internal issuance of the U.S. Customs
            Service, which is available for inspection at your local
            Customs office.

                                       Sincerely,





                                       John Durant, Director
                                       Commercial Rulings Division



































            drimmer library / 087321
            6cc:  Area Dir N.Y. Seaport
            03/08/90:za