HQ 087327: Pile Lined Hood

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 087327

                     July 3, 1990



CLA-2  CO:R:C:G  087327  JS

CATEGORY:  Classification

TARIFF NO:  6505.90.2500

Yolanda Landau
Milton Snedeker Corporation
105 Chambers Street
New York, NY 10007

RE:  Pile Lined Hood

Dear Ms. Landau:

     This is in reference to your letter of May 1, 1990, on
behalf of RefrigiWear Inc., requesting classification of a pile
lined hood under the Harmonized Tariff Schedule of the United
States Annotated ("HTSUSA").

FACTS:

     The sample at issue is a hood made of a 100 percent cotton
outer material which is lined with an orlon pile material.
There is a knit fabric edge which lines the top front opening of
the hood, presumably for added warmth and wind blockage.  A
drawstring on the bottom edge of the hood provides an adjustable
fit; a Velcro tab secures the front flap closure, and two snaps
are in place at the bottom rear of the hood.  According to
descriptive literature included with your submission, these
snaps are intended for attachment of style no. 332 jacket and
style no. 543 overall manufactured by importer.  The importer
confirms that these latter garments are for separate purchase.

     The sample will be returned under separate cover as
requested.

ISSUE:

     Whether the merchandise at issue qualifies as headgear for
purposes of classification under the HTSUSA?






LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 provides that the classification shall be
determined according to the terms of the headings and any
relevant section or chapter notes.

     Heading 6505, HTSUSA, provides, in relevant part, 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.  The Explanatory Notes ("EN")
constitute the official interpretation of the tariff at the
international level.  EN 65.05(9) states that the heading
includes hoods.  The subnote to EN 65.05(9) indicates that
detachable hoods for capes, cloaks, etc., presented with the
garments to which they belong, are, however, excluded, and
classified with the garments according to their constituent
materials.  The separate importation of the subject hoods from
the garments for which they are designed is substantiated by the
importer's statements as well as the descriptive literature
provided.  Therefore, EN 65.05(9) subnote does not apply in this
case, and classification is appropriate in heading 6505, HTSUSA.

HOLDING:

     The merchandise at issue is classified under subheading
6505.90.2500, 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; hair nets of any material, whether or not lined
or trimmed; other: of cotton, flax or both: Not knitted: other,
textile category number 859.  The rate of duty is 8 percent ad
valorem.

     The designated textile and apparel category may be
subdivided into parts.  If so, the 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 you check, close the time of shipment, the Status Report
on Current Import Quotas (Restraint Levels), an issuance of the
U.S. Customs Service which is updated weekly and is available for
inspection at your local Customs office.

     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 Operations Division