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HQ 086609


April 12, 1990

CLA-2 CO:R:C:G 086609 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000

Mr. John Wolfson
Leading Forwarders Incorporated
One World Trade Center
Suite 1923
New York, New York 10048

RE: Classification of textile bracelet

Dear Mr. Wolfson:

This is in reply to your letter of January 26, 1990, on behalf of Equality Specialties, Inc., requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for certain articles to be worn as bracelets.

FACTS:

The sample article consists of a polypropylene cord tied into a loop with a slipknot which can be used to adjust the size of the loop. According to the information you have provided, the cord will be manufactured in the United States and then sent to the West Indies. The cord will be sent either in cut pieces ready to make the tie or on spools to be cut and tied and returned to the United States. Additionallly, we have also been advised that the articles would be worn as bracelets.

ISSUE:

How are the subject articles classified 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 the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

The merchandise at issue is classifiable under two competing headings. Chapter 56, HTSUSA, provides for wadding,...cordage, ropes and cables and articles thereof. The Explanatory Notes to heading 5609 provide that the heading covers articles of cordage cut to length and looped at one or both ends. The subject merchandise is an article of cordage cut to pieces and looped with a slipknot at one end.

Heading 6217, HTSUSA, provides for other made up clothing accessories; parts of garments or of clothing accessories. The Explanatory Notes to heading 6217 provide that lanyards are to be included as other made up clothing accessories under this heading. Webster's II New Riverside University Dictionary (1984) defines a lanyard as a cord worn around the neck for carrying something. A lanyard is similar to the subject merchandise in that it is also a cord worn around the body.

GRI 2(a) provides that when goods are classifiable under two headings the most specific description shall be preferred to the more general description. It is Customs position that the term "an article of cordage" describes the subject merchandise more specifically than the term "other made up clothing accessories". Therefore, pursuant to GRI 2(a), the subject merchandise is properly classified in heading 5609, HTSUSA, as an article of cordage.

HOLDING:

The subject polypropylene cord is classifiable in subheading 5609.00.3000, HTSUSA, which provides for articles of yarn,... cordage, rope or cables, not elsewhere specified or included, of man-made fibers. The rate of duty is 9 percent ad valorem.

Sincerely,

John Durant, Director

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