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HQ 951314


June 16, 1992

CLA-2 CO:R:C:T 951314 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 9607.20.0080; 9607.19.0020

Mr. Gary Grewal
American Plastics
28056 Ziele Creek Drive
Hayward, CA 94542

RE: Classification of Zippers

Dear Mr. Grewal:

This letter is in response to your inquiry of March 9, 1992, requesting a tariff classification concerning zippers and slides, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Five samples were submitted for examination.

FACTS:

Three of the samples were finished and seven inches in length. These finished samples are comprised of man-made polyester textile tapes measuring one inch wide. The finished samples also have plastic chain scoops and slides.

The remaining two samples are continuous in length and approximately 1 7/16 inches and 1 1/2 inches wide. These samples are comprised of man-made polyester textile material. The chain scoops are plastic. These continuous length zippers are imported in 200 yard spools. They are cut to size by purchasers, who attach slides and end pieces.

ISSUE:

What is the proper classification of the merchandise in question?

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRIs) of the HTSUSA. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRIs taken in order.

Heading 9607, provides for slide fasteners and parts thereof. The Explanatory Notes (EN), the official interpretation of the tariff at the international level state in pertinent part:

This heading covers:

(1) Slide fasteners of any size and for any purpose (for clothing, footwear, travel goods, etc.).

Most slide fasteners consist of two narrow strips of textile material one edge of each strip being fitted with scoops (of metal, plastics, etc.), which can be made to interlock by means of a slider or runner...

(2) Parts of slide fasteners, e.g. chain scoops, sliders or runners, end pieces, and narrow strips of any length mounted with chain scoops.

The instant samples are clearly provided for in the above provisions. As a result, the merchandise in question is classifiable in Heading 9607.

HOLDING:

Based on the foregoing, the three finished zippers are classifiable under subheading 9607.19.0020, HTSUSA, which provides for slide fasteners: fitted with chain scoops of plastic. The rate of duty is 15 percent ad valorem. The two continuous length zippers are classifiable in 9607.20.0080, HTSUSA, which provides for parts of slide fasteners other than sliders. The rate of duty is 23 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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, 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 applicable to textile merchandise, you should contact your local Custom office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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