Decorative clip for garments; subheading 6217.10.0030

HQ 951762 August 11, 1992 CLA-2 CO:R:C:T 951762 jb CATEGORY: Classification TARIFF NO.: 6217.10.0030 Barbara Willey Applause Inc. P.O. Box 4183 Woodland Hills, CA 91365-4183 RE: Decorative clip for garments; subheading 6217.10.0030 Dear Ms. Willey: This is in response to your letter, dated April 22, 1992, requesting the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of a decorative clip for garments. A sample was provided and is being returned under separate cover. FACTS: The sample is an elasticized strip of fabric, approximately three and one half inches in length and one inch in width, covered with a flocked, woven fabric which has been shirred. It is assumed that the fabric is composed of man-made fibers. There is a woven fabric rose bud attached to the center of the strip. At each end of the strip of fabric is a locking steel clip used to clamp onto the cloth. You state that the clips are used to tighten the fit of women's jackets, dresses or blouses and that other clips may be adorned with other decorative pieces. Some clips will not have the fabric which covers the elastic. ISSUE: Whether the article is classifiable under heading 6212, HTSUSA, or heading 6217, HTSUSA? LAW AND ANALYSIS: Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied in the order of their appearance. Similar articles were the subject of New York Ruling (NYRL) 874419, dated June 2, 1992 and NYRL 872817, dated April 14, 1992. Though it was claimed that the purpose of those articles was functional, that is, to gather excess fabric or act as a decorative closure on a garment, it was determined that the articles were designed, marketed and primarily used as decorative clothing accessories or items of personal adornment. Heading 6212, HTSUSA, provides for brassieres, girdles, corsets, braces, suspenders, garters, and similar articles. The decorative clip is not named in that heading and is not similar to brassieres, girdles or corsets. You state that the submitted article is similar in nature to the suspenders, braces and garters of heading 6212, HTSUSA. You claim it provides a functional use in that the clip holds items of wearing apparel in a position other than how the garments would fall naturally, were the clip not used. The submitted article is not similar in design and function to garters and suspenders. Garters and suspenders, as well as all other articles enumerated in heading 6212, HTSUSA, are articles that are used to "hold up" or support garments. The instant merchandise does neither. As such, it is not similar to those articles and is not classifiable under heading 6212. Heading 6217, HTSUSA, provides for clothing accessories. The term "accessory" is not defined in the tariff schedule or Explanatory Notes to the Harmonized Commodity and Description Coding System. We look to secondary sources for guidance in defining "Accessory": 1 a. a thing of secondary or subordinate importance b. an object or device not essential in itself but adding to the beauty, convenience, or effectiveness of something else Webster's New Collegiate Dictionary, (1977), p.49 Article of apparel that completes the costume such as shoes, gloves, hats, bags, jewelry, neckwear, belts, boutonnieres, scarf... Mary Brooks Picken, The Fashion Dictionary, (1973), p.1 It is our opinion that the submitted article is clearly not classifiable in heading 6212, HTSUSA, because its principal use is as an accessory to clothing and, only secondarily, does it achieve a functional use. The article is thus classified under heading 6217, HTSUSA. HOLDING: The submitted article is classifiable under subheading 6217.10.0030, HTSUSA, which provides for other made up clothing accessories, of man-made fibers. The applicable rate of duty is 15.5 percent ad valorem and the textile category is 659. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicalbe to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent negotiations and changes, to obrain 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. Due to the changeable nature of the statisticla annotation (the ninth and tenth digits of the classification) and the restrtaints (quota/visa) categories, you should contact the local /customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division