Modification of NYRL 841185 dated June 7, 1989

HQ 085204 October 11, 1989 CLA-2 CO:R:C:G 085204 CB CATEGORY: Classification TARIFF NO.: 6505.90.6060 Mr. John A. Bessich Follick & Bessich P.C. 225 Broadway Suite 500 New York, NY 10007 RE: Modification of NYRL 841185 dated June 7, 1989 Dear Mr. Bessich: This ruling letter is in response to a request for reclassification of NYRL 841185, dated June 7, 1989, which classified a 100 percent acrylic knit hood scarf from Taiwan. FACTS: The submitted sample is of 100 percent acrylic knit material. It is approximately 11 inches wide and 80 inches long. The scarf has a "hood feature" which consists of a seam sewn through the center of the scarf, across the width, except for about 3 to 4 inches. The seam creates the hood effect. The subject merchandise was classified under 6117.80.0030, HTSUSA, which provides for other made up clothing accessories... of man-made fibers. ISSUE: Whether the subject merchandise was correctly classified in Chapter 61, HTSUSA? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings and subheadings of the tariff and any relevant section or chapter notes. -2- NYRL 841185 classified the subject merchandise in subheading 6117.80.0030, HTSUSA, which provides for other made up clothing accessories...of man-made fibers. However, in applying GRI 1 to the subject merchandise, the proper classification for a hood scarf is heading 6505. Heading 6505, HTSUSA, provides for hats and other headgear, ...whether or not lined or trimmed. The Explanatory Notes to heading 6505 state that the heading includes hoods. The Explanatory Notes constitute the official interpretation of the tariff at the international level. It is Customs position that the subject hood scarf is classifiable in subheading 6505.90.6060, HTSUSA, which provides for hats and other headgear, ...other, of man-made fibers. HOLDING: The subject 100 percent acrylic knit hood scarf is classifiable in subheading 6505.90.6060, HTSUSA, which provides for hats and other headgear, knitted or crocheted,...whether or not lined or trimmed, other, of man-made fibers, not in part of braid, other. The textile category is 659 and the rate of duty is 39.7 cents per kilogram plus 14.1 percent ad valorem. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. The designated textile and apparel category may be subdivided into parts. If so, 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, 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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office. NYRL 841185 is modified pursuant to 19 CFR 177.9(d). Sincerely, John Durant, Director Commercial Rulings Division