HQ 953465: Classification of a polyester baseball-style cap with braid

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 953465

                         April 21, 1993

CLA-2 CO:R:C:T 953465 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.7090

Ms. Joanna Barr
Radix Group International , Inc.
129 N. Hamilton Road
Columbus, Ohio 43213

RE: Classification of a polyester baseball-style cap with braid

Dear Ms. Barr:

     In your letter of February 19, 1993, you requested a tariff
classification ruling under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) for a polyester baseball-style
cap with braid from the Philippines.  You submitted a sample cap
along with your letter.

FACTS:

     The cap submitted is made of 100 percent polyester knit
material.  It consists of a front knit panel, a knit peak/visor,
four back mesh panels, a top button and an adjustable plastic
closure.  There is a flat braid, which is approximately 1/8 of an
inch wide and 9 inches long. The braid is the same color as the
cap and is located between the visor (peak) and the crown of the
cap. 

ISSUE:

     Is the cap classified as "in part of braid" in Heading 6505,
HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order.  GRI 1 provides that classification shall be according
to the terms of the headings and any relevant section or chapter
notes.

     In Customs Headquarters Ruling Letter 988438 (HRL) of
January 14, 1991, a similar baseball-style cap with braid
measuring 3/16 inch wide was found to be "in part of braid" and
was classified under the provision for other hats and headgear,
of man-made fibers: other: wholly or in part of braid, in
subheading 6505.90.7060, HTSUSA.

     General Note 7, HTSUSA, provides in pertinent part the
following:

     Definitions.  For the purposes of the tariff schedule,     
     unless the context otherwise requires--

          *              *              *

     (e) the terms "wholly of," "in part of," and "containing,"  
         when used between the description of an article and a   
         material (e.g., "woven fabrics, wholly of cotton"), have 
         the following meanings:

         *               *              *

        (ii) "in part of" or "containing" mean that the goods    
             contain a significant quantity of the named         
             material.

        With regard to the application of the quantitative       
        concepts specified above, it is intended that the de    
        minimis rule apply.

     Upon examination of the instant cap, we believe that the
amount of braid on the instant cap is significant, therefore this
cap is classified as in part of braid.

HOLDING:

     The instant cap is classified under the provision for hats
and other headgear, of man-made fibers: other: wholly or in part
of braid: other, in subheading 6505.90.7090, HTSUSA, textile
category 659, dutiable at the rate of 7.2 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 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.  Inasmuch
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 available for
inspection at your local Customs office.
     
                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division