us-cbp-cross-rulings-hq-087638•HQ 087638: Classification of braided baseball caps
HQ 087638: Classification of braided baseball caps
us-cbp-cross-rulings-hq-087638HQ 087638: Classification of braided baseball capsGuidance
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 087638
October 23, 1990
CLA-2 CO:R:C:G 087638 JLJ
CATEGORY: Classification
TARIFF NO.: 6505.90.6080
Mr. Bruce D. Roberts
Miami International Forwarders
P.O. Box 523730
Miami, Flordia 33152-3730
RE: Classification of braided baseball caps
Dear Mr. Roberts:
In your letter of June 21, 1990, you requested a tariff
classification ruling for a baseball cap imported from Hong
Kong on behalf of your client Federal Textile Corporation. A
sample cap and a commercial laboratory report were submitted
with your request.
FACTS:
You refer to the submitted sample as "Style A." Style A
is a red and white baseball-style cap an adjustable plastic
headband in back.
There is a red braid across the front of the cap, between
the visor and the crown of the cap. The braid measures
approximately 9-1/2 inches in length and 1/16 inch in width.
The braid appears to serve merely as ornamentation on the cap.
The independent laboratory report which you submitted
indicates that the instant merchandise is composed of several
components. By weight, the component breakdown is as follows:
Part Composition % By weight
1. Front Panel:
Top Polyester 5.8
Under Cotton 6.8
-2-
Sponge 8.1
2. Back Panel Mesh: Nylon 12.4
3. Peak:
Top Polyester 4.4
Under Cotton 6.8
Sponge 1.5
Plastic 22.8
4. Sweatband:
Woven tape Cotton 1.5
Sponge 1.3
Plastic tape 3.7
5. Pining Cotton 6.7
6. Button 1.6
7. Buckle 5.4
8. Sewing thread Polyester 1.2
The laboratory report summarizes the various components by
percentage of weight of the cap as follows:
Total cotton content 31.8%
Total nylon content 12.4%
Total polyester content 11.4%
Other components content 44.4%
ISSUE:
What is the classification of the instant cap under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)? Is the cap classifiable as "in part of braid" in
Heading 6505, HTSUSA?
-3-
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
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: Hats made up from textile
fabric, are classifiable in Heading 6505, HTSUSA, according to
the material from which they are fabricated. The instant cap is
made of several materials provided under more than one
subheading within Heading 6505, HTSUSA. Classification of the
cap at the subheading level therefore, is not possible solely
on the basis of GRI 1.
GRI 3, HTSUSA, provides for classification of goods that
are prima facie classifiable under two or more headings. GRI 3
also applies to the subheading level since GRI 6, HTSUSA,
provides that for legal purposes, the classification of goods
in the subheadings of 2 headings is in accordance with the
terms of those subheadings and the GRI's.
GRI 3(a) states that the most specific heading shall be
preferred, but that if two or more headings refer to only part
of the materials contained in merchandise, than those headings
are to be regarded as equally specific.
GRI 3(b) states that goods which cannot be classified by
GRI 3(a) shall be classified as if they consisted of the
material which gives them their essential character. According
to the Explanatory Notes, the official interpretation of the
HTSUSA at the international level, "...the factor which
determines essential character will vary as between different
kinds of goods. It may, for example, be determined by the
nature of the material or component, its bulk, quantity, weight
or value, or by the role of a constituent material in relation
to the use of the goods."
Each of the major components of the cap--the back panels,
the front panels and the peak--form an important part of the
cap. The peak of the cap keeps sunlight out of the wearer's
eyes. The red mesh back panels keep the wearer's head cool by
providing ventilation, while the white foamed front panel
shields that part of the wearer's head from sunlight.
Accordingly, no one of the three components is deemed to impart
the essential character to the instant cap.
-4-
GRI 3(c) states that when goods cannot be classified by
reference to GRI 3(a) or GRI 3(b), they shall be classified
under the heading which occurs last in numercial order among
those which equally merit consideration.
Some of the components are made of mixed materials. To
determine the classification of a component such as this, the
principles of Section XI concerning mixtures of textile
materials are applicable, according to Additional U.S. Rule of
Interpretation 1(d).
Subheading Note 2 and Note 2(A) to Section XI state that
goods that contain a mixture of two or more textile materials
are to be classified as if consisting wholly of that one
textile material which predominates by weight over each other
single textile material. Subheading Note 2 also states that
where appropriate, only the part which determines the
classification under GRI 3 shall be taken into account.
If the cap was classified as if it consisted only of the
man-made knit nylon fibers of the red mesh back panels, it
would be classified under subheading 6505.90.60, HTSUSA. If
the cap was classified as if it consisted only of the woven
cotton of the peak, it would be classified under subheading
6505.90.20, HTSUSA. If the cap was classified as if it
consisted only of the knit cotton of the front panel, it would
be classified under subheading 6505.90.15, HTSUSA.
Since subheading 6505.90.60 occurs last numerically of
those which merit consideration, the cap at issue would be
classified in this subheading.
In Customs Headquarters Ruling Letter (HRL) 087060 of
August 17, 1990, this office held that a similar cap with a
braid was classified as "not in part of braid," therefore the
instant cap is classified under the subheading for "not in part
of braid," 6505.90.6080, HTSUSA.
HOLDING:
The instant cap is classified under subheading
6505.90.6080, HTSUSA, which provides for hats and other
headgear, knitted or crocheted or made up from knitted or
crocheted fabric, not in part of braid, other, other. The rate
of duty is 14.1 percent ad valorem plus 39.7 cents per
kilogram. The textile category is 659.
-5-
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classifiction) and the
retraint (quota/visa) categories applicable to textile
merchandise, you should contact your 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. In as
much as part categories are the result of international
bilateral agreements which are subject to frequent
renegotiations and changes, to obtain the most current
information available, 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 vailable for inspection at your local Customs
office.
Regarding your question about the proper fiber content
marking under the Textile Fiber Products Identification Act, we
suggest, since so many different components are involved in the
manufactured of this cap,, that you consult the Federal Trade
Commission (FTC) directly. The FTC's national office is
located at Pennsylvania Avenue and 6th Street, N.W.,
Washington, D.C. 20580.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: A.D., N.Y. Seaport
2cc: Chief, CIE
1cc: CITA
Hensley library
087638
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