HQ 087642: Classification of Braided Baseball Style 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 087642

                                   October 31, 1990

            CLA-2 CO:R:C:G  087642 jlj

            CATEGORY:  Classification

            TARIFF NO.:  6505.90.8060

            Mr. J. K. Choi
            Transair-International Corp.
            Building 89, JFK Airport
            Jamaica, New York 11430

            RE:  Classification of Braided Baseball Style Caps

            Dear Mr. Choi:

                 You requested a tariff classification ruling under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA) for two braided baseball-style caps imported from
            South Korea.  Two sample caps, styles 6019N and 6499, were
            submitted along with your request.

            FACTS:

                 Style 6499 is marked "Nylon," while style 6019N is marked
            "100% Nylon."  Both have visors in front (otherwise known as
            "peaks") and adjustable plastic closures at the back.  Both
            have braids (of the same color as the cap) which run across
            the front of the cap, over the peak.  The braid on style 6499
            measures approximately 9-1/2 inches in length and
            approximately 1/8 inch in width.  The braid on style 6019N
            measures approximately 9-1/2 inches in length and
            approximately 3/16 inch in width.

                 The exterior of Style 6499 is iridescent yellow in color
            as is most of the interior, and is lined in the front part of
            the cap with a textile material.  Style 6019N is white and has
            a stiff, roughly rectangular textile mesh insert in the front
            of the cap, which props up the front and helps air circulate
            over the wearer's forehead.  Both styles have textile
            sweatbands.

                 Style 6019N has the letters "USA" embroidered in red,
            white and blue on the front of the cap and has a hang tag
            stating that it is made of waterproof fabric.

                 No component material breakdown was submitted.  You state
            that both caps are "apparently woven of 100% nylon."













                                         - 2 -


            ISSUE:

                 How are the instant caps classifiable under the HTSUSA?
            Are they 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.  Hats made from textile
            fabric are classifiable in Heading 6505, HTSUSA, according to
            the material from which they are fabricated.

                 Subheading 6505.90.70 covers hats of man-made fibers, of
            fabric other than knitted or crocheted fabric, wholly or in
            part of braid.  Subheading 6505.90.80 provides for hats not in
            part of braid.  It must therefore be determined whether the
            instant caps are in part of braid or not for tariff purposes.

                 General Note 7 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:

                           (i)  "wholly of" means that the goods are,
                                except for negligible or insignificant
                                quantities of some other material or
                                materials, composed completely of the
                                named material;

                          (ii)  "in part of" or "containing" means
                                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.












                                         - 3 -


                 The de minimis rule states that an ingredient or
            component of an article may be disregarded 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 held that the de minimis rule applied to the "in part of
            braid" issue means that if the quantity of braid in the
            submitted sample serves a useful purpose or affects the nature
            of the article or increases the salability of the article, it
            will be considered to be in part of braid.  See Headquarters
            Ruling Letter (HRL) 083632 of April 27, 1989; HRL 084083 of
            July 14, 1989; HRL 084075 of July 14, 1989; and HRL 084340 of
            August 9, 1989.

                 Based on the de minimis rule as applied in the cases
            cited above, the instant caps are not in part of braid because
            the braid does not serve a useful purpose nor does it affect
            the nature of the article.  Furthermore, there is no evidence
            that the braid increases the salability of the cap, therefore
            it cannot be classified as in part of braid.  Inasmuch as the
            caps seem to be wholly of nylon according to the definition in
            General Note 7 (e)(i), supra, they must be classified as hats
            of man-made fiber according to GRI 1.

            HOLDING:

                 Based on the facts and the law set forth above, we find
            that the instant caps are not in part of braid and are
            classified under the provision for hats and other headgear,
            knitted or crocheted, or made up from lace, felt or other
            textile fabric...:  other:  of man-made fibers:  other:  not
            in part of braid:  other:  other, in subheading 6505.90.8060,
            HTSUSA.  The rate of duty is 8 percent ad valorem plus 22
            cents per kilogram.  The 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 applicable to the
            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













                                         - 4 -


            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
















































            6cc:  A.D., NY Seaport
            2cc:  Chief, CIE
            1cc:  CITA
            CO:R:C:G:JLJOHNSON:lw 10/26/90