HQ 087637: Classification of baseball caps

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 087637

                                   November 6, 1990





            CLA-2 CO:R:C:G  087637 DRR

            CATEGORY: Classification

            TARIFF NO.: 6505.90.8060

            Ms. Beth Queener
            Lynch Marketing International, Inc.
            301 East Main Street Suite 750
            Lexington, Kentucky 40507

            Re:  Classification of baseball caps

            Dear Ms. Queener:

                 This is in reference to your letter dated July 11, 1990,
            requesting the classification of two baseball caps under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue is represented by two baseball
            caps.  Both caps are made of neon nylon taslon with a buckram
            insert behind the front panel of the cap.  One style has a
            strip of braid along the top of the visor.  In your letter you
            state that either style may or may not have embroidery or
            printing.  The caps will be used as a promotional item.  Both
            styles of cap will be manufactured and imported from Taiwan.

            ISSUE:

                 What is the classification of the merchandise at issue?

            LAW AND ANALYSIS:

                 Classification under the HTSUSA is in accordance with the
            General Rules of Interpretation (GRI), 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.  Heading 6505, HTSUSA, provides for hats and other
            headgear, knitted or crocheted, or made up from lace, felt or
            other material, whether or not lined or trimmed.   













                                          -2-


            The cap without braid trim is classifiable in subheading
            6505.90.8060, HTSUSA, which provides for hats and other
            headgear, knitted or crocheted, or made up from lace, felt or
            other material, whether or not lined or trimmed, other, of
            man-made fibers, other, not in part of braid, other.
            Subheading 6505.90.7060, HTSUSA, provides for hats and other
            headgear, knitted or crocheted, or made up from lace, felt or
            other material, whether or not lined or trimmed, other, of
            man-made fibers, other, wholly or in part of braid, other.
            Whether the cap with braid trim is classifiable in subheading
            6505.90.8060, HTSUSA, or subheading 6505.90.7060, HTSUSA, is
            determined by whether it is considered to be in part of braid.
            General Note 7 to the HTSUSA provides, in pertinent part, that
            the term "in part of", when used between the description of an
            article and a material, means that the article contains a
            significant quantity of the named material.  The Note further
            states that, with regard to such quantitative concepts, it is
            intended that the de minimus rule apply.

                 The de minimus rule states that an ingredient or
            component of an article may be ignored for classification
            purposes depending upon "whether or not the amount used has
            really changed or affected the nature of the article, and, of
            course, its salability."  Varsity Watch Company v. United
            States, 34 CCPA 155, C.A.D. 359 (1947).  The Customs Service
            has determined that an article will be determined to be "in
            part of braid" if the quantity of braid in the sample
            submitted serves a useful purpose or affects the nature of the
            article or increases the salability of the article.  See HRL
            084340, dated August 9, 1989 HRL 087060, dated August 17,
            1990.

                 It is Custom's position that the amount of braid on the
            trimmed cap in question is subject to the de minimus rule.
            The amount of braid serves no useful purpose, does not affect
            the nature of the article and there is no evidence in the
            record to show whether or not it enhances the cap's
            salability.  Therefore, both the trimmed and untrimmed caps
            are classifiable as not in part of braid.

            HOLDING:

                 The trimmed and untrimmed caps are classified under
            subheading 6505.90.8060, HTSUSA, which provides for hats and
            other headgear, knitted or crocheted, or made up from lace,
            felt or other material, whether or not lined or trimmed,















                                          -3-


            other, of man-made fibers, other, not in part of braid, other,
            with a duty rate of 22 cents per kilogram, plus 8 percent ad
            valorem, and subject to textile category 659.

                 Due to the changeable nature of the statistical
            annotation and the restraint (quota/visa) categories
            applicable to textile merchandise, the importer should contact
            the 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, 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
































            rimmerd library / 087637
            6cc:  Area Dir N.Y. Seaport
            03/08/90:za
            peh/11-6-90