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HQ 955811


May 19, 1994

CLA-2 CO:R:C:T 955811 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9986

District Director
U.S. Customs Service
4430 E. Adamo Drive
RM: STE 301
Tampa, FL 33605

RE: Tariff classification of medallion holders made of polyester; headings 6217 and 6307; Explanatory Notes to headings 6217 and 6307; lanyards; clothing accessories; HRLs 951316 and 950659

Dear Madam:

This is a decision on application for further review of protest no. 1801-93-100054, filed on September 16, 1993, by Sandler, Travis & Rosenberg, on behalf of their client, George A. Levy, Inc., against your decision concerning the classification of polyester lanyards under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The articles at issue are woven medallion holders made of 100% polyester fabric. The majority of the medallion holders are made of tri-colored woven ribbon, measuring 7/8 of an inch by 30 inches or 1-3/8 inches by 30 inches. The tapered ends of the holders are stitched together to form a band. The tapered end of the band contains a small metal ring to which a medal or medallion will later be attached. The remaining pieces are drapes, pin-type medallion holders, which are also made of tri-colored woven ribbon and measure 1-3/8 by 4 centimeters. The tapered end of the drapes include a ring to which a medal will later be attached.

Upon liquidation, the polyester lanyards were classified in subheading 6217.10.0030, HTSUS, which provides for "[o]ther made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: [a]ccessories: [o]f man made fibers."

It is counsel's position that the principal use of the imported articles are as holders for award medals. The holder, with its medal attached, may be presented at ceremonies in which it may be placed around the wearer's neck, attached to clothing, or placed around a trophy or presented as part of a plaque. Therefore, they are not used or intended for use as accessories to clothing and they are not classifiable in heading 6217, HTSUS. The articles are correctly classifiable in subheading 6307.90.9986, HTSUS, which provides for "[o]ther made up articles, including dress patterns: [o]ther: [o]ther: [o[ther: [o]ther."

Counsel submitted pages from the importer's sales catalogue which depict the polyester holder in three ways: with various medals attached, as a pin-type medallion holder and as part of a plaque.

ISSUE:

What is the tariff classification of the polyester medallion holders?

LAW AND ANALYSIS:

The classification of goods under the HTSUS is governed by the General Rules of Interpretation, (GRIs), 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. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes otherwise require, the remaining GRI's may be applied, taken in order. Two headings are at issue in this case: Heading 6217, HTSUS, and Heading 6307, HTSUS.

Heading 6217 provides for the following "[o]ther made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212." The Harmonized Commodity Description and Coding System Explanatory Notes (ENs), although not legally binding, are the official interpretation of the nomenclature at the international level. The ENs to heading 6217 provide, on page 859, that:

This heading covers made up textile clothing accessories, other than knitted or crocheted, not specified or included in other headings of this Chapter or elsewhere in the Nomenclature.

The heading covers, inter alia:

(9) Frogs, lanyards, etc.

Heading 6307, HTSUS, provides for "[o]ther made up articles, including dress patterns." The ENs to heading 6307 provide, on page 867, that "[t]his 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."

In Headquarters Ruling Letter (HRL) 951316, dated July 10, 1992, we dealt with the classification of a woven polyester lanyard. This item was a woven narrow polyester fabric carrying cord which was formed into two loops by means of metal crimped to hold the fabric. A chrome plated clip was attached to the polyester. The lanyard was used by a fisherman to carry a lure box. It was attached to the lure box and looped round the fisherman's belt.

Customs determined that this item was a composite good and, therefore, classification of this article was pursuant to GRI 3(b). The function of the lanyard was to connect the plastic box with the fisherman's belt and the polyester cord served this function. Thus, pursuant to GRI 3(b), the essential character of the lanyard was represented by the polyester cord.

We next had to determine the classification of the polyester cord and we first looked to Heading 6217, HTSUS, and its accompanying ENs. In discussing the term "lanyard" as used in the ENs to heading 6217, HRL 951316 stated the following:

While the term 'lanyard' commonly refers to any of various small cords or ropes for securing or suspending something around the neck, its use in the EN for Heading 6217 as an example of clothing accessories 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.

Moreover, in discussing what is considered a "clothing accessory" HRL 951316 stated the following:

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.

HRL 951316 held that, although lanyards were named in the ENs to 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." Therefore, the lanyard was not solely or principally used as a clothing accessory and it did not meet the legal requirements of the heading. Finally, HRL 951316 determined that, as the lanyard was considered a "made up" article of textile and it was not more specifically provided for in other headings of Section XI or elsewhere in the Nomenclature, it was classifiable in heading 6307, HTSUS.

The rationale in HRL 951316 is applicable to the classification of the subject medal holders. The articles at issue are not intended for use solely or principally as accessories to clothing. They are used principally as holders for award medals. During an awards ceremony, the hanging medal may be placed around the winner's neck or attached to the clothing. The holder is also used to display medals on trophies, plaques and in display cases. Therefore, as the holder will not add to clothing's beauty, convenience or effectiveness and it will not exhibit the requisite relationship with clothing, it is not considered a clothing accessory classifiable in heading 6217, HTSUS. See, HRL 950659, dated January 21, 1992.

Furthermore, we do not consider the subject articles to be lanyards classifiable in heading 6217, HTSUS. Based on our analysis in HRL 951316, it appears that lanyards will only be classifiable in heading 6217, HTSUS, if they are considered to be "clothing accessories" as the legal terms of the heading require and as the term has been defined in various Customs rulings. See, HRL 088540, dated June 3, 1991 and HRL 950659. Thus, as the articles at issue are not considered clothing accessories and are also not decorative additions to a military uniform, they are not classifiable as a lanyard for purposes of heading 6217, HTSUS.

Heading 6307, HTSUS, provides for other made up articles of textiles not specifically provided for elsewhere. As the articles at issue are considered "made up" and they are not more specifically classified elsewhere in the HTSUS, they are classifiable in heading 6307, HTSUS. Specifically, they are classifiable in subheading 6307.90.9986, HTSUS.

HOLDING:

The medal holders are classifiable in subheading 6307.90.9986, HTSUS, which provides for "[o]ther made up articles, including dress patterns: [o]ther: [o]ther: [o[ther: [o]ther." The rate of duty is 7% ad valorem.

The protest should be allowed in full. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in the ACS and the public via the Diskette Subscription Service, Lexis, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division

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