HQ 084888: Classification of hats

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 084888

                                 September 07, 1989



          CLA-2:CO:R:C:G  084888  SR

          CATEGORY:  Classification

          TARIFF NO.:  6504.00.9015

          Mr. F.D. O'Neal
          Bags by Frances, Inc.
          Dainty Debs
          P.O. Box 217
          Forest Park, Georgia 30050

          RE: Classification of hats

          Dear Mr. O'Neal:

               This is in reference to your letter dated May 25, 1989,
          requesting the classification of hats under the Harmonized Tariff
          Schedule of the United States Annotated (HTSUSA).  Samples
          produced in Taiwan were submitted.

          FACTS:

               The merchandise at issue is hats made from 100 percent
          polypropylene strips.  The polypropylene strips have been plaited
          and are under 5 millimeters in the apparent width.  The hats are
          made by sewing the strips spirally together, starting from the
          crown where each spiral overlaps the previous one.  They have
          been blocked to shape and their brims are made in the same
          manner.  The hats have not been lined or trimmed.

          ISSUE:

               Whether the polypropylene strips are considered a textile or
          a plastic for classification purposes.

          LAW AND ANALYSIS:

               Heading 6504, HTSUSA, provides for hats and other headgear,
          plaited or made by assembling strips of any material, whether or
          not lined or trimmed.  Further breakout of the tariff is

















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          determined by whether the strips are considered plastics or
          textile.  Heading 5404, HTSUSA, provided in part for strip and
          the like (for example artificial straw) of synthetic textile
          materials of an apparent width not exceeding 5 mm.  The
          Explanatory Notes provide the official interpretation of the
          tariff at the international level.  The Explanatory Notes to
          heading 5404, HTSUSA, read in part as follows:


               (2)  Strip and the like, of synthetic textile materials.
               The strips of this heading are flat, of a width not
               exceeding 5 mm, either produced by extrusion or cut from
               wider strips or from sheets.

          The strips that makeup the hats at issue measure less than 5 mm
          in width, and therefore are considered to be of textile material.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6504.00.9015, HTSUSA, as hats, plaited or made by assembling
          strips of any material, whether or not lined or trimmed, other,
          sewed, of man-made fiber.

               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