HQ 085319: Baseball cap with sunglasses

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 085319


                                  November 09, 1989


          CLA-2:CO:R:C:G  085319  SR

          CATEGORY:  Classification

          TARIFF NO.:  6505.90.6060

          Mr. Roger Tang
          Daystone International Corporation
          11140 Petal Street; Suite 860
          Dallas, Texas 75238

          RE: Baseball cap with sunglasses

          Dear Mr. Tang:

               This is in reference to your letter dated July 11, 1989,
          requesting the tariff classification of baseball caps with
          sunglasses under the Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA).  A sample produced in Taiwan was
          submitted.

          FACTS:

               The merchandise at issue consists of a baseball cap that has
          a pair of sunglasses attached under the bill.  The baseball cap
          is composed as follows: the front panel is made of 100 percent
          polyester knit fabric; the interfacing lining of the front panel
          is made of 100 percent cotton knit fabric; the peak is made of
          100 percent polyester knit fabric; the mesh is made of 100
          percent polyester; the sweatband is made of 100 percent cotton,
          woven fabric; the braid is made of 100 percent nylon with 100
          percent polyester filling; the bias tape is made of 100 percent
          cotton woven fabric; and the trim is made of 100 percent
          polyester.  The bottom side of the cap's bill is vinyl and has a
          vinyl slide clip which holds the sunshade in place.  Based on the
          submitted material, the component material of chief value is
          plastic.

          ISSUE:

               What is the classification of the baseball cap with attached
          sunglasses?
















                                         -2-

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is governed by the
          General Rules of Interpretation (GRI), taken in order.  GRI 3(b)
          provides that composite goods consisting of different materials
          or made up of different components shall be classified as if they
          consisted of the material or component which gives them their
          essential character.  It is the baseball cap that imparts the
          essential character of this item.  The cap can be worn whether or
          not the sun glasses are used.  The sunglasses cannot be used
          without the hat.  The cap with sunglasses attached is
          classifiable as hats of plastic materials.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6505.90.6060, HTSUSA, as hats and other headgear, other, of man-
          made fibers, knitted or crocheted, not in part of braid, other.
          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.

               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, 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 issuance
          of the U.S. Customs Service, which is updated weekly and is
          available at your local Customs office.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division


















          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference