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HQ 088189


February 13, 1990

CLA-2 CO:R:C:G 088189 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8050

Mr. Louis S. Shoichet
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: Classification of a visor; not classifiable in Heading 6217; classifiable in Heading 6505

Dear Mr. Shoichet:

This letter is in response to your inquiry of October 25, 1990, requesting the tariff classification of a visor. A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as a "tropical visor," is an open crown visor. The peak is constructed of soft plastic covered with a blend of 65 percent polyester and 35 percent cotton floral patterned woven fabric and is attached to a browband, consisting of foam batting covered with the identical fabric. A 6 inch wide bow consisting of a blend of 65 percent polyester and 35 percent cotton floral print patterned woven fabric is overlaid on the browband. There is an adjustable plastic closure at the rear of the visor.

ISSUE:

Whether the submitted visor is classifiable in Heading 6217 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) or in Heading 6505, 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.

Heading 6217, HTSUSA, provides for other made up clothing accessories. Heading 6505, HTSUSA, provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed.

In HRL 087539, dated September 20, 1990, we ruled that visors were not classifiable as textile accessories in Heading 6217; instead, they were classifiable as headgear in Chapter 65. Consequently the visor at issue is classifiable in Heading 6505, HTSUSA, which provides for hats and other headgear.

HOLDING:

The submitted visor is classified under subheading 6505.90.8050, HTSUSA, which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed, other, of man-made fibers, other, not in part of braid, other, other, visors, and other headgear which provides no covering for the crown of the head. The rate of duty is 22 cents per kilogram plus 8 percent ad valorem, and the textile category is 659.

Your sample is being returned under separate cover.

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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