HQ 084108: Tariff classification of a hat produced in Taiwan

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 084108

                                    July 21, 1989

          CLA-2 CO:R:C:G  084108 DFC

          CATEGORY: Classification

          TARIFF NO.: 6504.00.9015

          Mr. C. Di Prinzio
          A.N. Deringer, Inc.
          30 West Service Road
          Champlain, New York 12919-9703

          RE: Tariff classification of a hat produced in Taiwan

          Dear Mr. Di Prinzio:

                In a letter dated March 28, 1989, you inquired as to the
          tariff classification of hat.  A sample was submitted for
          examination.

          FACTS:

                The sample hat was made from 100 percent polypropylene
          strips that measure approximately 1.25 cm in width and are in a
          plaited state.  The hat was constructed by sewing the strips
          spirally together, starting from the crown where each spiral
          overlaps the previous one.  The hat has a brim of the same
          construction.

          ISSUE:

                Are the polypropylene strips considered a textile or a
          plastic for tariff purposes?

          LAW AND ANALYSIS:

                Heading 5404, Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), provides in part for strip and the
          like (for example artificial straw) of synthetic textile
          materials of an apparent width not exceeding 5mm.  The
          Explanatory Note to this heading reads in pertinent part as
          follows:

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














                                         -2-


                Information before this office is that the strips in their
          unplaited condition measure less than 5mm in width.
          Consequently, they are considered to be of textile material for
          tariff purposes.

                The sample hat is classifiable under subheading
          6504.00.9015, HTSUSA, as hats and headgear, plaited or made by
          assembling strips of any material, whether or not lined or
          trimmed, other, sewed, of man-made fibers.


          HOLDING:

                The hat is classifiable under subheading 6504.00.9015,
          HTSUSA, with duty at the rate of 7.2 percent ad valorem.  The
          applicable textile category is 659.

                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 AD NY Seaport 1cc R. Eyskens
          1cc John Durant
          1cc Legal Reference
          1cc Port Dir Champlain
          cahill lib/peh