HQ 087947: Classification of baseball-style caps; caps of man-made fibers with braid, 3/16-inch wide and greater, between peak and crown classifiable as in part of braid; woven cotton cap classifiable under subheading 6505.90.20

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 087947

                        January 16, 1991




CLA-2  CO:R:C:G   087947  CC

CATEGORY:  Classification

TARIFF NO.:  6505.90.2060, 6505.90.5060, 6505.90.7060

Ms. Charlotte Ricco
Assistant Manager
Thomas C. Promotion, Inc.
20 Garvies Point Road
Glen Cove, N.Y. 11542

RE:  Classification of baseball-style caps; caps of man-made
     fibers with braid, 3/16-inch wide and greater, between peak
     and crown classifiable as in part of braid; woven cotton
     cap classifiable under subheading 6505.90.20

Dear Ms. Ricco:

     This letter is in response to your inquiry concerning the
tariff classification of baseball-style caps.  Samples were
submitted for examination.

FACTS:

     The merchandise at issue is baseball-style caps.  You have
submitted four samples for classification, designated by you as
styles 6002, 6320, 6279, and 6002NR.  Each of the caps has a
noncontrasting braid, which measures approximately 9 inches
long, between the peak and the crown of the cap.

     For Style 6002, the crown and the top of the visor are made
of a woven blend of 60 percent cotton and 40 percent polyester,
and the underside of the visor is made of 100 percent polyester.
The braid has a width of 5/16-inch.

     For Style 6320, the front panel and the outer shell of the
visor are made of 100 percent knit polyester.  The back of the
cap is made of 4 panels, composed of 100 percent nylon knit mesh,
sewn together.  The braid has a width of 3/16-inch.

     For Style 6279, the crown and the outer shell of the visor
are made of 100 percent knit polyester fabric.  The braid has a
width of 3/16-inch.

     For Style 6002NR, The crown and the outer shell of the visor
are made of 100 percent woven nylon fabric.  The braid has a
width of 3/16-inch.

ISSUE:

     Whether the submitted cap made of a blend of 60 percent
cotton and 40 percent polyester fabric is classifiable under
subheading 6505.90.20 of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA)?

     Whether the submitted caps of man-made fibers are
classifiable as "in part of braid" in Heading 6505, HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
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.

     The submitted caps are classified in Heading 6505, which
provides for hats and other headgear.  The crown and the visor
top of Style 6002 are made of a woven blend of 60 percent cotton
and 40 percent polyester.  Additional U.S. Rule of Interpretation
1(d) provides that the principles of Section XI regarding
mixtures of two or more textile materials shall apply to the
classification of goods in any provision in which a textile
material is named.  Note 2 and subheading note 2 to Section XI
provide that articles of a mixture of two or more textile
materials are to be classified as if consisting wholly of that
one textile material which predominates by weight over each other
single textile material.  Since cotton predominates by weight for
Style 6002, it is classifiable under subheading 6505.90.20,
HTSUSA, which provides for hats and other headgear, other, of
cotton, not knitted.

     The remaining samples are classifiable in Heading 6505 as
hats and other headgear, other, of man-made fibers.  To classify
these articles at the eight-digit level, we must determine
whether they are "in part of braid."  For the in part of braid
issue General Note 7, HTSUSA, provides in pertinent part the
following:

     Definitions.  For the purposes of the tariff schedule,
     unless the context otherwise requires--

     ...

     (e)  The terms "wholly of", "in part of", and "containing",
          when used between the description of an article and a
          material (e.g., "woven fabrics, wholly of cotton"),
          have the following meanings:

          ...


          (ii) "in part of" or "containing" mean that the goods
               contain a significant quantity of the named
               material.

          With regard to the application of the quantitative
          concepts specified above, it is intended that the de
          minimis rule apply.

     In HRL 088438, dated January 14, 1991, we ruled that a
3/16-inch wide braid on a cap was a significant amount of braid
in application of the de minimis rule; therefore, that cap was
classifiable as in part of braid.  All of the submitted caps of
man-made fibers contain a braid 3/16-inch wide or greater.
Therefore these caps are similar to the one classified in HRL
088438 and are classifiable as in part of braid.

HOLDING:

     Style 6002 is classified under subheading 6505.90.2060,
HTSUSA, which provides for hats and other headgear, knitted or
crocheted, or made up from lace, felt or other textile fabric, in
the piece (but not in strips), whether or not lined or trimmed,
other, of cotton, flax or both, not knitted, certified hand-
loomed and folklore products; and headwear of cotton, other.  The
rate of duty is 8 percent ad valorem, and the textile category is
359.

     Style 6002NR is classified under subheading 6505.90.7060,
HTSUSA, which provides for hats and other headgear, knitted or
crocheted, or made up from lace, felt or other textile fabric, in
the piece (but not in strips), whether or not lined or trimmed,
other, of man-made fibers, other, wholly or in part of braid,
other.  The rate of duty is 7.2 percent ad valorem, and the
textile category is 659.

     Styles 6320 and 6279 are classified under subheading
6505.90.5060, HTSUSA, which provides for hats and other headgear,
knitted or crocheted, or made up from lace, felt or other textile
fabric, in the piece (but not in strips), whether or not lined or
trimmed, other, of man-made fibers, knitted or crocheted or made
up from knitted or crocheted fabric, wholly or in part of braid,
other.  The rate of duty is 7.2 percent ad valorem, and the
textile category is 659.

     This ruling is effective only for prospective customs
transactions involving the subject merchandise and does not apply
to entries of merchandise which have been liquidated.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, 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 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