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NY C88287


June 24, 1998

CLA-2-62:RR:NC:3:353 C88287

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Mr. Louis S. Shoichet

Mr. Luis A. Abad

Siegel, Mandell & Davidson, P.C.

One Astor Plaza

1515 Broadway

43rd Floor

New York, NY 10036-8901

RE: The tariff classification of a polyester wrist bracelet from China.

Dear Mr. Shoichet and Mr. Abad:

In your letter dated May 22, 1998, on behalf of Avon Products, Inc., you requested a classification ruling. A sample of the item was provided and is being returned at your request.

The item is a "W.W.J.D. Bracelet" style PP175499 constructed of red 100% woven polyester material. It is approximately 8 3/4" in length x 1/2" in width, features a clear plastic loop buckle and the letters "W.W.J.D." embroidered in white stitching.

Your office contends that the item is properly classified under heading 6307 as an "Other made up textile article" rather than under heading 6217 as an "Other made up clothing accessory." You contend that Headquarter's ruling 955385 classifying textile wrist bracelets under heading 6217 is in error because textile wrist bracelets are not clothing accessories.

Customs has long held that textile bracelets can be considered clothing accessories. Customs clearly stated its reasoning as to why textile bracelets can be considered accessories in ruling HQ 955385 where classification under 6217 or 6307 was at issue. Customs applied GRI 1, using the terms of the headings, to classify the textile bracelet under 6217. In addition, in rulings HQ 086609 (classification of a cord bracelet) and HQ 088332 (classification of a yarn bracelet), textile bracelets were judged to be classifiable under two headings, 5609 as an "Article of cordage" and 6217 as "Other made up clothing accessories." In both instances Customs used GRI 2(a) to classify under the heading with the more specific description which was "an article of cordage." In each of these rulings, Customs did not exclude the textile bracelet from consideration of being classified as a clothing accessory.

It is clear that Customs considers textile bracelets as classifiable under headings 6117 or 6217. Textile bracelets have been classified as "Other made up clothing accessories" in rulings NY 858606, NY 813620, NY C80969, PD C81775 and PD C81174.

The applicable subheading for the "W.W.J.D. Bracelet" style PP175499 will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other...Of man-made fibers." The duty rate will be 15.1% ad valorem.

The "W.W.J.D. Bracelet" style PP175499 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-466-5881.

Sincerely,


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