Classification of a baseball-style cap; classifiable in Heading 6505; no component provides essential character; GRI 3(c) applicable
Active· CBP ruling HQ 087405· Issued 1990-10-04
Ruling text
HQ 087405
October 4, 1990
CLA-2 CO:R:C:G 087405 CC
CATEGORY: Classification
TARIFF NO.: 6505.90.6080
Mr. John W. Whitaker
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, MO 64108
RE: Classification of a baseball-style cap; classifiable in
Heading 6505; no component provides essential character;
GRI 3(c) applicable
Dear Mr. Whitaker:
This letter is in response to your inquiry of June 4, 1990,
on behalf of Designer Products, requesting tariff classification
of a baseball-style cap. A sample was submitted for examination.
FACTS:
The submitted sample, designated by you as style 2107, is a
baseball-style cap. The four back panels are red and are made of
100 percent nylon knit mesh. The front panel is white and is
made of a woven blend of 46 percent polyester and 54 percent
cotton fabric, with a sponge backing. The top of the peak is
made of polyester, and the underside of the peak is made of
cotton. The outer surface of the peak is red and by weight is
made of a woven blend of 61 percent cotton and 39 percent
polyester fabric; the inner layer of the peak is made of sponge
and plastic. There is a red braid, which measures approximately
9 inches long and 1/8 inch wide, between the peak and the crown
of the cap. In addition, there is a plastic adjustable closure
at the back of the cap.
ISSUE:
Under which subheading is the submitted cap classified
within Heading 6505 of the Harmonized Tariff Schedule of the
United States Annotated (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 sample is classifiable in Heading 6505,
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.
It is made of several components and is classifiable under more
than one subheading within Heading 6505. Therefore
classification of the cap at the subheading level is not possible
under GRI 1.
GRI 3 provides for classification of goods that are, prima
facie, classifiable under two or more headings. GRI 3 also
applies to the subheading level since GRI 6 provides that
classification under subheadings is in accordance with the terms
of the subheadings and the GRI's, on the understanding that only
subheadings at the same level are comparable.
GRI 3(b) provides that mixtures, composite goods consisting
of different materials or made up of different components, and
goods put up in sets for retail sale, shall be classified as if
they consisted of the material or component which gives them
their essential character (emphasis added). According to the
Explanatory Notes, the official interpretation of the HTSUSA at
the international level, "the factor which determines essential
character will vary as between different kinds of goods. It may,
for example, be determined by the nature of the material or
component, its bulk, quantity, weight or value, or by the role of
a constituent material in relation to the use of the goods."
We believe that each of the major components - the back
panels, the front panel, and the peak - plays an important role
in relation to the cap at issue. The back panels cover the head
and provide some protection. The front panel provides
decoration and could contain an insignia. The peak shades the
wearer's eyes from light. We do not believe that any one of
these components, by itself, imparts the essential character to
the cap at issue. Therefore, classification at the subheading
level is in accordance with GRI 3(c), which states that when
goods cannot be classified by reference to 3(b), they shall be
classified under the heading which occurs last in numerical order
among those which equally merit consideration.
Some of the components are made of mixed materials. To
determine the classification of such a component, the principles
of Section XI regarding mixtures of textile materials are
applicable, according to Additional U.S Rule of Interpretation
1(d).
Subheading note 2 and Note 2(A) to Section XI state that
goods that contain 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. Subheading note 2 also states that where
appropriate, only the part which determines the classification
under GRI 3 shall be taken into account.
If the cap were classified as if it consisted only of the
man-made fibers of the back panels, it would be classified under
subheading 6505.90.60, HTSUSA. If the cap were classified as if
it consisted only of the woven cotton of the front panel, it
would be classified under 6505.90.20, HTSUSA. If the cap were
classified as if it consisted only of the woven cotton of the
peak, it would be classified under subheading 6505.90.20, HTSUSA.
Since subheading 6505.90.60 occurs last numerically of those
that merit consideration, the cap at issue would be classified
under this subheading.
In HRL 087060, dated August 17, 1990, we decided that a cap
with a braid, which was similar to the cap at issue in this case,
was classifiable as "not in part of braid." Therefore the
submitted cap is classified under the subheading "not in part of
braid," 6505.90.6080, HTSUSA.
HOLDING:
The submitted cap is classified under subheading
6505.90.6080, 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, not in part of braid, other,
other. The rate of duty is 39.7/kg plus 14.1 percent ad
valorem, and 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 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
Source: rulings.cbp.gov — ruling 087405, retrieved 2026-10-12T05:19:50Z, republished verbatim. This digest is informational; only CBP issues binding rulings.