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NY F84104




March 23, 2000

CLA-2-62:RR:NC:3:353 F84104

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9510, 6217.10.9510

Mr. Lowell Fritzke
Fritzke & Associates
14001 Vale Court
Eden Prairie, MN 55346

RE: The tariff classification of a “Brain Brace” from China.

Dear Mr. Fritzke:

In your letter dated March 6, 2000, on behalf of DNK Industries, you requested a classification ruling.

The submitted sample is called a “Brain Brace.” The item measures approximately 1 ¾ inches x 20 inches, is worn like a headband, is fastened in the back by a hook and loop closure, and has the words “Brain Brace” embroidered at the front. You state that the “Brain Brace” will be made of three different fabrics and supply swatches of each. Item 1 “Bandage” is constructed of 95% cotton/5% polyester rib knit fabric; Item 2 “Denim” is constructed of 100% cotton woven denim fabric; Item 3 “Red Terry Cloth” or “Blue Terry Cloth” is constructed of 100% cotton woven terry cloth fabric. The cardboard header reads in part “The ‘Brain Brace’ is a revolutionary new device, non-clinically proven to reduce symptoms of stress and anxiety caused by life’s unexpected events. When it’s too muchstrap on the brace and get back in the race!” The item also with application instructions and a users manual. You state that the product will be marketed as a gag item used to make light of things such as frustrations, stress and anxiety and does not have any medical value. The product will be sold through gift stores and promotional outlets. It may be marketed to companies to be used to lighten up meetings and seminars; if requested, their company logo will be included.

This office considers the “Brain Brace” as essentially used for personal ornamentation or embellishment.

The applicable subheading for the Item 1 “Bandage” will be 6117.80.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of cotton.” The duty rate will be 15% ad valorem.

The applicable subheading for the Items 2 “Denim,” and 3 “Red Terry Cloth” or “Blue Terry Cloth” will be 6217.10.9510, 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 cotton.” The duty rate will be 15% ad valorem.

The Items 1 “Bandage”, 2 “Denim,” and 3 “Red Terry Cloth” or “Blue Terry Cloth” “Brain Braces” fall within textile category designation 359. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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