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HQ 084973


September 20, 1989

CLA-2 CO:R:C:G 084973 JBW

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6060

Mr. Richard Gill
Action Broker
P. O. Box 91190
Worldway Postal Center
Los Angeles, CA 90009

RE: Classification of Adjustable Headband

Dear Mr. Gill:

Your letter of April 18, 1989, on behalf of Ace Wholesale, addressed to our Los Angeles office, has been referred to this office for reply concerning the classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

You requested classification of merchandise described as an adjustable headband for men or women used to hold hair in place. The sample is constructed of two pieces of knitted polyester tubing that are glued together at one end in a plastic cup. A plastic slide holds the loose ends together and adjusts the size of the opening of the band. Latex rubber tubes are inserted into the ends of the polyester fabric; the loose ends of the fabric are tucked inside the latex rubber inserts to form a finished end.

ISSUE:

What is the classification of an adjustable headband under the HTSUSA?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) set forth the legal framework in which merchandise is to be classified under the HTSUSA. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's, taken in order.

The merchandise may be classified under two different headings. Heading 6307, HTSUSA, provides for other made up goods of textile materials. Note 7 to Section XI defines made up to mean, inter alia: produced in a finished state, ready for use without sewing or other working. Customs has determined that this phrase means finished at the time of importation. The article in question is finished under this definition and consequently is considered made up. The second applicable heading is Heading 6505, HTSUSA, which provides for knitted or crocheted hats or headgear.

GRI 3 applies when goods are classifiable under two or more headings. GRI 3(a) states that where goods are classifiable under two or more headings, then the heading that provides the most specific description will be preferred. The Explanatory Notes, which provide the official interpretation of the HTSUSA at the international level, for GRI 3(a) recognize the difficulty of establishing rules for determining the heading that provides the most specific description; however, the Notes state that "[i]f the goods answer to a description which more clearly identifies them, that description is more specific than one where identification is less complete."

From the construction and suggested use of the merchandise, we determine that the adjustable headband is more specifically described under subheading 6505.90.6060, HTSUSA, which provides for hats and other headgear, knitted or crocheted of man-made fibers, not in part of braid, than under the provision for other made up textile articles.

HOLDING:

The adjustable headband is classified under subheading 6505.90.6060, HTSUSA, and falls in textile category 659.

The designated 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 time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the United States Customs Service, which 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

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