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HQ 087101


June 22, 1990

CLA-2 CO:R:C:G 087101 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Mr. J.M. Abrahams
President
Phil Patterson, Inc.
228 Aquila Court
Omaha, Nebraska 68102

RE: Arm Garter; Modification of NYRL 839201

Dear Mr. Abrahams:

This is in reply to your letter dated March 21, 1990, to our New York office, concerning New York Ruling Letter (NYRL) 839201, and the classification of garters under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was not submitted.

FACTS:

The article at issue is an elasticized arm band worn over a shirt sleeve to regulate its length. It is known variously as an arm garter or sleeve garter.

In NYRL 833554 dated November 28, 1988, a red garter of man- made fibers was classified in subheading 6212.90.0030, HTSUSA.

However, in NYRL 839201 dated April 19, 1989, a red satin elastic arm band to which was attached a tin button with the face of a cartoon animal and a red ribbon with a humorous message, was classified in subheading 6217.10.0030, HTSUSA, under the provision for other made up clothing accessories, of man-made fibers.

ISSUE:

Whether arm garters are classifiable in heading 6212 or heading 6217, HTSUSA.

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is determined according to the terms of the headings and any relative section or chapter notes and, provided the headings or notes do not otherwise require, according to the remaining GRIs taken in order.

Heading 6212, HTSUSA, covers garters and similar articles, whether or not knitted or crocheted. The Explanatory Notes, which constitute the official interpretation of the Harmonized System at the international level (four and six digits) provide in pertinent part at EN 62.12 that heading includes, inter alia:

(5) Suspender-belts, hygienic belts, suspensory bandages, suspender jock-straps, braces, suspenders, garters, shirt-sleeve supporting bands and armlets.

All the above articles may be furnished with trimmings of various kinds (ribbons, lace, etc.), and may incorporate fittings and accessories of non-textile materials (e.g., metal, rubber, plastics or leather).

Heading 6212 specifically refers to garters; consequently, garters are classifiable in heading 6212 rather than as an other made up clothing accessory of heading 6217.

HOLDING:

Arm bands or arm garters are classifiable in subheading 6212.90.0030, HTSUSA, under the provision for brassieres, girdles...garters and similar articles and parts thereof, whether or not knitted or crocheted, other, of man-made fibers or man- made fibers and rubber or plastics and are dutiable at 7 percent ad valorem. The textile category is 659.

Pursuant to section 177.9, Customs Regulations (19 CFR 177.9), NYRL 839201 dated April 19, 1990, is modified in conformity with the foregoing.

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.

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,


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