Classification of textile cap with solar panel, motor and fan under 6506, HTSUSA; GRI 3(b); plastic component imparts essential character to cap
Active· CBP ruling HQ 089998· Issued 1991-08-15
Ruling text
HQ 089998
August 15, 1991
CO:R:C:T 089998 SK
CATEGORY: Classification
TARIFF NO: 6506.91.0600
Ms. Judith K. Matta
William F. Joffroy, Inc.
P.O. Box 21041
Phoenix, Arizona 85036
RE: Classification of textile cap with solar panel, motor and
fan under 6506, HTSUSA; GRI 3(b); plastic component imparts
essential character to cap
Dear Ms. Matta:
This is in response to your letter of June 9, 1991,
requesting classification, on behalf of Eagle Connection Inc., of
a textile cap with a solar-powered plastic fan attached. A
sample was submitted for our examination.
FACTS:
The submitted sample is a baseball-style cap fitted with a
solar panel and a solar-powered fan. The cap has a front panel
and visor of knitted polyester. The four panels comprising the
cap's crown consist of nylon mesh. The fan is located
prominently in a plastic box mounted through a hole in the visor.
The solar panel, measuring approximately 6.5 cm x 9.5 cm, is
mounted on top of the cap's crown which allows the panel to be
rotated toward the sun. Wires running through the inside of the
cap connect the panel to the fan.
ISSUE:
Whether the solar-powered fan cap is properly classifiable
under heading 6505 of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), or whether it is classifiable
as other headgear under heading 6506, HTSUSA?
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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 in
accordance with the terms of the headings and any relevant
section or chapter notes. Where goods cannot be classified
solely on the basis of GRI 1, and if the heading and legal notes
do not otherwise require, the remaining GRI's may be applied in
the order of their appearance.
The article at issue is made up of composite goods and there
are both textile and plastic components to the cap. GRI 1 alone
is not determinative of the article's classification because the
cap potentially falls under two headings: heading 6505, HTSUSA,
which provides for hats and other headgear, knitted or crocheted
. . . whether or not lined or trimmed, or heading 6506, HTSUSA,
which encompasses other headgear, whether or not lined or
trimmed.
Pursuant to GRI 2, goods comprised of more than one
material, or which are prima facie classifiable under two
provisions in the nomenclature, are to be classified according to
GRI 3. GRI 3(a) mandates that of several applicable headings,
the one that provides the most specific description shall be
preferred. This rule is inapplicable here because headings 6505
and 6506, HTSUSA, are equally specific inasmuch as both pertain
to headgear. 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.
Explanatory Note VIII to GRI 3(b) states that:
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.
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As described supra, the article at issue has a substantial
plastic component which is an integral part of the cap. The
plastic fan, motor and solar panel add not only to the cap's
bulk, but also increase the cap's value. The cap's visor has
been altered to accommodate the plastic housing for the motor and
fan, which is joined to the solar panel by wiring concealed under
an additional strip of fabric. The solar panel is prominently
located on top of the cap and is attached in such a manner so as
to make removal impossible without damaging the article.
Clearly, the cap has been modified to the extent that the
essential character of the article is imparted by the plastic
components.
Moreover, in Headquarters Ruling Letter (HRL) 087539, dated
September 20, 1990, Customs distinguished between the types of
headgear provided for in heading 6505, HTSUSA, and those under
heading 6506, HTSUSA. It was noted that the Explanatory Notes
(EN) to heading 6505 itemized hats and headgear that were of a
conventional nature. Headgear provided for in the EN to heading
6506 is of a decidedly more unusual nature and includes such
items as safety headgear and hats and headgear of various
materials including rubber, plastics, leather, fur, flowers or
metal. Heading 6506 covers a more distinctive and unusual type
of headgear and it is in this category that solar-powered fan
caps are properly classified.
The essential character of the article at issue is imparted
by its plastic components. It is our determination that the
plastic fan and solar panel provide a distinctive look and
function to the cap which remove it from the category of ordinary
hats and headgear as provided for in heading 6505, HTSUSA.
HOLDING:
The submitted sample is classifiable under subheading
6506.91.0060, HTSUSA, which provides for other headgear, whether
or not lined or trimmed: other: of rubber or plastics ... other.
The subject merchandise is dutiable at a rate of 2.4 percent ad
valorem. The item is subject to quota restraints and visa
requirements from China, and visa requirements from Hong Kong.
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
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agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available we
suggest 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 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 Rulings Division
Source: rulings.cbp.gov — ruling 089998, retrieved 2026-10-12T05:22:03Z, republished verbatim. This digest is informational; only CBP issues binding rulings.