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HQ 950973


January 27, 1992

CLA-2 CO:R:C:T 950973 CC 855263

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090; 6505.90.6090

Ms. Elizabeth R. Yarns
Norman G. Jensen, Inc.
3050 Metro Drive
Suite 300
Minneapolis, MN 55425

RE: Revocation of NYRL 855263; classification of a mosquito head net; classifiable in Heading 6505

Dear Ms. Yarns:

New York Ruling Letter (NYRL) 855263, dated August 22, 1990, concerned the classification of a mosquito head net under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have had the occasion to review this ruling and find that the classification of the mosquito head net in Heading 6117, HTSUSA, is in error.

FACTS:

The merchandise at issue is a mosquito head net from Taiwan. This item is used over the head to protect the wearer from getting mosquito bites on the head and neck. It is made of a warp knit nylon material. There is no information available whether this article contains braided elastic to keep it secured.

In NYRL 855263 this merchandise was found not to be headwear. It was classified, therefore, under subheading 6117.80.0035, HTSUSA, which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories, other accessories, of man- made fibers, other.

ISSUE:

Whether the merchandise at issue is classifiable as headgear 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.

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 this article is classifiable in Heading 6505.

HOLDING:

If in part of braid, 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 would be 7.2 percent ad valorem, and the textile category would be 659.

If not in part of braid, the merchandise at issue is classified under subheading 6505.90.6090, 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, not in part of braid, other, other, other. The rate of duty would be 39.7 cents per kilogram plus 14.1 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.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NYRL 855263 to reflect the above classification effective with the date of this letter. However, if after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of NYRL 855263 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 855263 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 855263 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the
circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

Sincerely,

John Durant, Director

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