us-cbp-cross-rulings-hq-084640•HQ 084640: Reconsideration of HRL 083295
HQ 084640: Reconsideration of HRL 083295
us-cbp-cross-rulings-hq-084640HQ 084640: Reconsideration of HRL 083295Guidance
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 084640
August 03, 1989
CLA-2:CO:R:C:G 084640 SR
CATEGORY: Classification
TARIFF NO.: 6505.90.7060 or 6506.91.0060
Mr. Edward Davis
Mille-Feuilles
2220 Rue Parthenais
Montreal, Quebec H2K 3T4
RE: Reconsideration of HRL 083295
Dear Mr. Davis:
This is in reference to your request for reconsideration of
HRL 083295, dated April 13, 1988, concerning the tariff
classification of straw hats under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA).
FACTS:
No samples or information about the hats was submitted with
the request. It was stated in the original ruling that the hats
are manufactured of circular sewed braid which is manufactured of
yarns and visca under 5 mm in length.
ISSUE:
Whether the hats at issue are classifiable as plastic or
textile.
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
determined by whether the strips are considered plastics or
textile. Heading 5404, HTSUSA, provides in part for strip and
the like (for example artificial straw) of synthetic textile
-2-
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.
Section XI provides classification for textiles and textile
articles. Note 1(g) to section XI states that the section does
not cover monofilament of which any cross-sectional dimension
exceeds 1 mm or strip or the like (for example, artificial straw)
of an apparent width exceeding 5 mm, of plastics (chapter 39).
HOLDING:
If the merchandise at issue consists of unplaited strips of
more than 5 mm they are of plastic and classifiable under
subheading 6506.91.0060, HTSUSA, as other headgear, whether or
not lined, other, of rubber or plastics, other. The rate of duty
is 2.4 percent ad valorem. There would be no quota.
If the unplaited strips measure 5 mm or less they are of
textile and classifiable under 6505.90.7060, HTSUSA, as hats and
other headgear, knitted or crocheted, or made up from lace, felt
or other textile fabric, other, wholly or in part of braid,
other. The textile category would be 659, and the rate of duty
is 7.2 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference
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