HQ 957466

April 14, 1995

CLA-2 R:C:T 957466 jb

CATEGORY: Classification

TARIFF NO.: 6505.90.2590

Ba-Sang Yeung

Hong Kong Economic and Trade Office

1150 18th Street, N.W., Suite 475

Washington, D.C. 20036

RE: Classification of infants\' hats; chief weight linen

Dear Mr. Yeung:

This is in reply to your letter, dated December 20, 1994, on behalf of
The Gap Inc.,

regarding the classification under the Harmonized Tariff Schedule of the
United States Annotated

(HTSUSA), of infants\' woven hats. Samples were submitted to this office
for examination and

will be returned under separate cover.

FACTS:

The submitted merchandise consists of hats made up of panels of woven
textile

components. The labels located inside the hats indicate that they are
composed of fabric which is

55 percent linen and 45 percent cotton and bear the logo \"baby GAP\",
size M. The sizing of the

hats ranges from 1-24 months.

You state that the subject hats were incorrectly classified in pre-entry
classification (PC)

803932, dated November 16, 1994, in subheading 6505.90.2590, HTSUSA. You
believe the hats

are correctly classified in subheading 6505.90.2030, HTSUSA, which
provides for headwear for

babies, of chief weight cotton.

ISSUE:

What is the proper classification of the merchandise at issue?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the
General Rules

of Interpretation (GRI). GRI 1 requires that classification be
determined according to the terms

of the headings and any relative section or chapter notes. Where goods
cannot be classified solely

on the basis of GRI 1, the remaining GRI will be applied, in the order
of their appearance.

Heading 6505, HTSUSA, provides for, inter alia, 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 subject hats are constructed using
woven fabric made up of

55 percent linen and 45 percent cotton. Fairchild\'s Dictionary of
Textiles 337 (1970), defining

linen, states in relevant part:

Though the fiber and the fabric are both commonly known as linen, it is
flax, the bast fiber of the plant linum usitatissimum.

Accordingly, based on the definition supra, linen is essentially flax.
The subject hats are

therefore composed of cotton, flax or both. In the case of the subject
hats, the chief weight is

imparted by the linen (55 percent) as opposed to the cotton (45
percent). As such, the hats

cannot be classified in subheading 6505.90.2030, HTSUSA, because this is
a provision only for

headwear for babies of chief weight cotton. The subject hats are
properly classified in

subheading 6505.90.2590, HTSUSA, which provides for, among other things,
other hats of

cotton, flax or both.

HOLDING:

The submitted infants\' hats are classified in subheading 6505.90.2590,
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; other.

The applicable rate of duty is 8 percent and the quota category is 859.

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 negotiations and

changes, we suggest you check, close to 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 at the 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 the local Customs

office prior to importing the merchandise to determine the current
status of any import restraints

or requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division