CLA-2-65:RR:NC:3:353 K87430

Ms. Lorianne Aldinger
Rite Aid Corporation
PO Box 3165
Harrisburg, PA 17105

RE: The tariff classification of visors from China.

Dear Ms. Aldinger:

In your letter dated July 1, 2004 you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted samples are an Item 935521 “Animal Hat Assortment.” Examination reveals that the “hat” assortment is actually a visor assortment. Item 935521 is constructed of foamed ethylene vinyl acetate (EVA) plastics. Each visor consists of a front peak that is decorated to resemble an animal and is held onto the head by an elasticized band that fits around the back of the head. Item 935521 has six styles: Turtle, Bird, Monkey, Leopard, Lion and Tiger.

The applicable subheading for the Item 935521 Assortment will be 6506.91.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other headgear, whether or not trimmed: Other: Of rubber or plastics, Visors, or other headgear which provides no covering for the crown of the head.” The rate of duty will be Free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division