HQ 0085744 - Classification of visors - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0085626 - HQ 0085755 > HQ 0085744

HQ 085744

December 8, 1989

CLA-2 CO:R:C:G 085744 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.5050; 6217.10.0010, 6217.10.0030

Mr. Chuck Huettner
J.W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, N.Y. 10038

RE: Classification of visors

Dear Mr. Huettner:

This letter is in response to your inquiries of August 10, 1989, on behalf of F.W. Woolworth Co., requesting tariff classification of visors. Samples were submitted for examination.

FACTS:

The first sample, designated as style 911311N, is a visor made of injection molded plastic. Covering the brim is a thin layer of black nylon knit cloth; under the brim is a thin layer of white terry cloth.

The second sample, designated as style BS90804, is a visor containing several components. The brim, which is made of plastic and covered with woven textile fabric, is connected to a browband. The browband is made of foam and its front side is covered with the same type of fabric which covers the brim. The back of the browband is covered with terry cloth. There is an adjustable elastic band, which is connected to the browband and fits at the back of the head when the visor is worn.

ISSUE:

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

If not, whether the sample visors are classifiable as garments or as clothing accessories 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 visors at issue neither cover the head, nor do they provide any protection for the head. Instead, they function primarily to shade the eyes from sunlight. Therefore, the visors at issue are not classifiable as headgear.

The next issue is whether the sample visors are classifiable as garments or as accessories. In HRL 085012, dated August 7, 1989, copy attached, we stated that garments are articles which cover the trunk of the body. The visors at issue do not cover the trunk of the body, and, thus, are not classifiable as garments. Instead, they are classifiable as accessories.

Each visor at issue is made up of different components, e.g. plastic and textiles. Because classification is not possible by applying GRI 1, we must look to the other GRIs to classify these articles. 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 Explanatory Notes, the official interpretation of the HTSUSA at the international level, state 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."

We believe that the essential character of style 911311N is imparted by the plastic. The entire structure of this visor is made of plastic. Although the terry cloth provides some absorbency, the remainder of the textile covering only supplies a minor decorative effect. Therefore, this visor is classified in Heading 3926, HTSUSA.

Style BS90804 has several components, none of which by itself forms the structure of this visor. The outer surface is made of different textile components, but by far, the majority of the outer surface is made of woven textile fabric. Therefore, we believe that the essential character of this visor is imparted by the woven textile fabric, resulting in classification of this visor in Heading 6217, HTSUSA.

HOLDING:

Style 911311N is classified under subheading 3926.20.5050, HTSUSA, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914, articles of apparel and clothing accessories, other, other. The rate of duty is 5 percent ad valorem.

If style BS90804 contains more than 50 percent by weight of cotton, it is classified under subheading 6217.10.0010, HTSUSA, which provides for articles of apparel and clothing accessories, not knitted or crocheted, other made up clothing accessories, accessories, of cotton. The rate of duty would be 15.5 percent ad valorem and the textile category would be 359.

If style BS90804 contains more than 50 percent by weight of man-made fibers, it is classified under subheading 6217.10.0030, HTSUSA, which provides for articles of apparel and clothing accessories, not knitted or crocheted, other made up clothing accessories, accessories, of man-made fibers. The rate of duty would be 15.5 percent ad valorem and the textile category would be 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

Previous Ruling Next Ruling