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HQ 951316

July 10, 1992

CLA-2CO:R:C:T 951316 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9986

Mr. John Slagle
Director, Customs Laws & Regulations
Wolf D. Barth Co. Inc.
7575 Holstein Avenue
Philadelphia, Pennsylvania 10153

RE: Classification of a woven polyester lanyard

Dear Mr. Slagle:

In your letter of March 9, 1992, you requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a woven polyester lanyard manufactured in Taiwan for your client, Woodstream Corporation. You submitted a sample along with a small plastic box to be used to carry fishermen's lures.

FACTS:

The submitted sample is a woven narrow polyester fabric carrying cord which is formed into two loops by means of metal crimped to hold the fabric. A chrome plated 1-3/4 inch clip is attached.

The lanyard is used by fishermen to carry a lure box. It is attached to the lure box and looped around the fisherman's belt.

ISSUE:

What is the HTSUSA classification of this merchandise?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes.
GRI 3, HTSUSA, deals with composite goods. GRI 3 (b) states that "...composite goods consisting of different materials or made up of different components...shall be classified as if they consisted of the material or component which gives them their essential character...." The instant lanyard consists of two types of components, the metal crimp/metal clip and the polyester cord, therefore the lanyard is a composite article.

The Explanatory Notes (EN), although not legally binding, are the official international interpretation of the Harmonized System. The EN for GRI 3 (b) state as follows:

The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods." [Emphasis added.]

Following this rationale, the function of the lanyard is to connect the plastic box with the fishermen's belt. The polyester cord serves this function, not the bit of metal crimping the fabric nor the metal clip. Under GRI 3 (b), the essential character of the lanyard is clearly constituted by the polyester cord, not the metal components.

The next question is where within Section XI, which provides for textile materials and goods, the lanyard belongs. Heading 6217, HTSUSA, provides for other made up textile clothing accessories. The EN for Heading 6217 state that this heading includes lanyards. While the term "lanyard" commonly refers to any of various small cords or ropes for securing or suspending something about the neck, its use in the EN for Heading 6217 as an example of clothing acessories denotes the type of article generally associated with the colored single strand worn on the left shoulder of a military uniform as a decoration. Such items, designed as accessories for use with wearing apparel, are distinguishable from those used principally as a means of securing or suspending articles from the neck or waist.

Customs has held that, in order to be classified as a clothing accessory, an article must be clearly intended for use solely or principally as an accessory to clothing. Items used solely or principally for other purposes would not be classified as accessories and would not fall in Heading 6217, HTSUSA. See Customs Headquarters Ruling Letter (HRL) 950659 of January 21, 1992.

The lanyard is attached to both the lure box and the fisherman's belt loop. Although lanyards are named in the Explanatory Note for Heading 6217, this lanyard would not be classified in Heading 6217 because it is primarily designed to perform the function of attaching the lure box to the wearer's belt loop.

Heading 6307, HTSUSA, provides for other made up articles of textiles. Section Note 7 (e) of Section XI. which covers textiles and textile articles, states as follows:

7. For the purposes of this Section, the expression "made up" means:

(e) Assembled by sewing, gumming or otherwise....

In this instance, the narrow textile fabric has been formed into two loops, one large and one small, by means of the crimped metal band. The metal clip is then attached to the small loop, which is attached to the box, while the large loop is attached to the wearer's belt. Accordingly, the carrying strap qualifies as a "made up" article.

The Explanatory Note regarding Heading 6307 states:

This heading covers made up articles of any textile material which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature.

Since this lanyard is not covered by a more specific heading, it is classified in Heading 6307, HTSUSA.

HOLDING:

The instant lanyard is classified in subheading 6307.90.9986, HTSUSA, which provides for other made up articles: other and which is dutiable at the rate of 7 percent ad valorem.

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.

Sincerely,

John Durant, Director

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