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HQ 950365


January 16, 1992

CLA-2 CO:R:C:T 950365 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090

Norman L. Coghlan
President
Coghlan's Ltd.
121 Irene St.
Winnipeg, MB, Canada R3T 4C7

RE: Classification of mosquito head nets; classifiable in Heading 6505

Dear Mr. Coghlan:

This letter is in response to your inquiry of September 9, 1991, requesting the tariff classification of mosquito head nets. Samples were submitted for examination.

FACTS:

The merchandise at issue is a mosquito head net, designated by you as style no. 8941. It measures approximately 16 inches in length and is made of knitted net fabric of man-made fibers. There is braided elastic at the base that serves to keep this merchandise secured. The submitted merchandise is worn to protect the face and neck from mosquitos.

ISSUE:

Whether the merchandise at issue is classifiable in Heading 6505 of the Harmonized Tariff Schedule of the United States Annotated (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 and parts thereof. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, this chapter covers the following articles: hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).

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; hair-nets of any material, whether or not lined or trimmed.

Webster's Third New International Dictionary, Unabridged (1986) defines headgear as "1 a: a covering for the head (as a hat, cap, bonnet) b : a protective device for the head (as a soldier's helmet or a welder's helmet." This merchandise, which covers and protects the head, meets the definition of headgear. In addition, we see nothing in the Explanatory Notes that would exclude the submitted merchandise from being classified in Heading 6505. Consequently the merchandise at issue is classifiable in Heading 6505.

The submitted mosquito head net has braided elastic which functions to keep this merchandise in place. This article would be considered in part of braid in application of General Note 7 of the HTSUSA. As a result, this merchandise is classifiable under subheading 6505.90.50, HTSUSA, which provides for headgear of man-made fibers, knitted or crocheted or made up from knitted or crocheted fabric, wholly or in part of braid.

HOLDING:

The merchandise at issue is classified under subheading 6505.90.5090, 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; hair-nets of any material, whether or not lined or trimmed, other, of man-made fibers, knitted or crocheted or made up from knitted or crocheted fabric, wholly or in part of braid, other, other. The rate of duty is 7.2 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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