HQ 0085414 - Classification of a ladies' visor - United States International Trade Commision Rulings

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HQ 085414

December 8, 1989

CLA-2 CO:R:C:G 085414 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.0030

Louis Barasch, Inc.
Attn: Import Manager
406 East John Street
Lindenhurst, N.Y. 11757

RE: Classification of a ladies' visor

Dear Sir:

This letter is in response to your inquiry of August 10, 1989, requesting tariff classification of a visor. A sample was submitted for examination.

FACTS:

The sample at issue, designated as style 7154, is a ladies' open crown sun visor. It has a full 4 inch wide brim, which you state is made of 100 percent polypropylene. A visual examination shows that the brim is of braided construction, and the polypropylene strips are sewn together spirally. The visor also contains a polka-dot woven cloth band, approximately 2 inches wide, which is sewn to the inner edge of the brim.

ISSUE:

Whether the sample visor is classifiable as headgear under Chapter 65 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

If not, whether the sample visor is classifiable as a garment or as a clothing accessory under the 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.

Chapter 65, HTSUSA, provides for headgear. Headgear is defined by The Random House Dictionary of the English Language, the Unabridged Edition (1983) as "any covering for the head, esp. a hat, cap, bonnet, etc."

The item in question neither covers the head, nor does it provide sufficient protection for the head to be regarded as a hat. Instead, it functions primarily to shade the eyes from sunlight. The article is deemed to be essentially a visor, and, therefore, is not classifiable as headgear.

The next issue is whether the sample visor is classifiable as a garment or as a clothing accessory. In HRL 085012, dated August 7, 1989, copy attached, we stated that garments are articles which cover the trunk of the body. The visor at issue does not cover the trunk of the body, and, thus, is not classifiable as a garment. Instead, it is classifiable as an accessory.

The woven cloth band would make the visor classifiable in Heading 6217, HTSUSA, which provides for clothing accessories, not knitted or crocheted. We must next determine whether the polypropylene strips are classifiable as textiles or as plastics. In HRL 084612, dated August 3, 1989, copy attached, we decided that polypropylene strips of a hat were considered of textile materials. Therefore, the sample visor is classifiable as a textile article. The applicable heading would be 6117, HTSUSA, which provides for clothing accessories, knitted or crocheted.

Since classification of this article is not possible by GRI 1, we must apply the remaining GRIs. According to GRI 3(b), 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. The polypropylene strips make up the brim, which composes, by far, most of this article. Thus, the polypropylene strips supply the visor at issue with its essential character, and it is classified in Heading 6117.

HOLDING:

The visor at issue is classified under subheading 6117.80.0030, HTSUSA, which provides for other made up clothing accessories, knitted or crocheted, other accessories, of man- made fibers. The rate of duty is 15.5 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

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