HQ 084618: Classification of a baseball hat

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 084618

                                    July 21, 1989


          CLA-2:CO:R:C:G  084618  SR

          CATEGORY:  Classification

          TARIFF NO.:  6505.90.6060

          Mr. Samuel Meyerhoff
          13401 South Main St.
          Los Angeles, Ca. 90061

          RE: Classification of a baseball hat

          Dear Mr. Meyerhoff:

                This is in reference to your letter dated April 13, 1989,
          requesting the tariff classification of baseball hats under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  A sample produced in Taiwan was submitted.

          FACTS:

                The merchandise at issue is a baseball hat.  The back four
          panels of the crown of the hat are made of a knit nylon man-made
          fiber mesh.  The front panel is composed of a plastic
          polyurethane covered with a plastic sheeting of polyvinyl
          chloride (PVC).  This front panel is lined with layers of nylon
          and other man-made materials.  The hat has a top button covered
          with a plastic polyethylene and a plastic rear adjustable
          closure.

          ISSUE:

                What is the classification of the baseball hat at issue?

          LAW AND ANALYSIS:

                Heading 6505, HTSUSA, provides for hats and other headgear,
          knitted, whether or not lined or trimmed.  The hat at issue is
          basically a knit hat.  Most of the crown is made up of a knit
          nylon material.  Classification of goods under the HTSUSA is
          governed by the General Rules of Interpretation (GRI).  GRI 1
          provides that "classification shall be determined according to
          the terms of the headings and any relative section or chapter
















                                         -2-

          notes, and provided such headings or notes do not otherwise
          require, according to [the remaining GRI's taken in order]."
          According to GRI 1 the hats at issue must be classified under
          Heading 6505, HTSUSA, which provides for hats and other headgear,
          knitted, whether or not lined or trimmed.  The hats at issue fit
          under the terms of this heading.

                Although the front of the crown of the hat at issue has a
          plastic panel showing, the hat is primarily a textile hat.  Most
          of the crown and part of the lining of the plastic panel of the
          hat are of textile.  Man-made nylon fiber makes up the structure
          of the crown and plays the main role in making the shape of the
          hat.

                The inquirer states that these hats should be classified
          under heading 6506, HTSUSA, as other headgear, whether or not
          lined or trimmed, other, of rubber or plastics.  The Explanatory
          Notes constitute the official interpretation of the tariff at the
          international level.  The Explanatory Notes for heading 6506,
          HTSUSA, list bathing caps and hoods as examples of headgear of
          rubber or plastics.  It would appear from these examples that
          heading 6506, HTSUSA, is intended to include hats that have
          rubber or plastic on the entire surface that are intended to
          provide a waterproof protection for the head.  The hats at issue
          do not belong in this heading.

          HOLDING:

                The merchandise at issue is classifiable under subheading
          6505.90.6060, HTSUSA, as hats and other headgear, knitted,
          whether or not lined or trimmed, of 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, and 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















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