Textile and Wire Band; Other Made Up Textile Articles; 6307.90.9989, HTSUSA; Not Unfinished Bridal Veils; 6214, HTSUSA; Not Parts of Clothing Accessories; 6217, HTSUSA; Not Other Headgear; 6506, HTSUSA; Not Parts of Headgear; 6507, HTSUSA; Not Parts of Hair Ornaments; 9615, HTSUSA.

HQ 962468 July 1, 1999 CLA-2 RR:CR:TE 962468 SS CATEGORY: Classification TARIFF NO.: 6307.90.9989 Ruby L. Wood, Senior Vice President Evans and Wood & Co, Inc. P.O. Box 610005 D/FW Airport, Texas 75261 FMC 2740, CHB 7922 Re: Textile and Wire Band; Other Made Up Textile Articles; 6307.90.9989, HTSUSA; Not Unfinished Bridal Veils; 6214, HTSUSA; Not Parts of Clothing Accessories; 6217, HTSUSA; Not Other Headgear; 6506, HTSUSA; Not Parts of Headgear; 6507, HTSUSA; Not Parts of Hair Ornaments; 9615, HTSUSA. Dear Ms. Wood: This letter is in response to your request on behalf of your client, Hobby Lobby Stores, Inc., dated November 24, 1998, concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of textile and wire bands manufactured in Korea. A sample was submitted with your request. FACTS: The sample submitted is a circular band consisting of two wire loops covered by woven material and joined by mesh fabric. The band is approximately 3/4 inch wide and has a diameter of approximately 6-1/2 inches. The band is made of sixty five percent polyester mesh fabric, twenty percent woven rayon fabric, and fifteen percent steel wire. The sample is described as an “unfinished veil band” or “unfinished bridal veil band”. However, it should be noted that the item is a “finished” article in that nothing further is done to the band after importation and prior to sale. The band is sold in the condition as imported and is sold in this condition so that a buyer may decorate it with whatever the buyer desires. The importer suggests that the band will be adorned with lace, net, fabric, artificial flowers, beads, combs, clips, etc. The importer states that it is designed to be worn on the crown of the head. However, the band is imported without combs or other attachments to secure it to the head. The importer submits that the item is a prototype and has also requested a ruling on bands imported with attachments, such as, but not limited to, combs.  We note that the band could be used for a variety of purposes. Nothing limits the item’s use to making bridal veils. Even the inclusion of attachments, such as combs, would not limit the use of the item to making bridal veils. ISSUE: What is the proper classification for the textile and wire band with and without attachments? LAW AND ANALYSIS: Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule 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 do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. The headings under consideration are as follows: 6214, HTSUSA, which covers, among other things, veils; 6217, HTSUSA, which covers parts of clothing accessories; 6307, HTSUSA, which covers other made up textile articles; 6506, HTSUSA, which covers other headgear; 6507, HTSUSA, which covers, among other things, headbands for headgear; and 9615, HTSUSA, which covers, among other things, combs, hair-slides and the like. Heading 6214, HTSUSA, provides for “[s]hawls, scarves, mufflers, mantillas, veils and the like.” The EN regarding veils states: This description applies to a variety of articles, generally made of light, transparent or net material, or sometimes of lace, whether worn for ornamentation or utilitarian purposes (e.g., wedding, mourning, communion or similar veils and hat or face veils). Accordingly, it appears that the heading covers bridal veils. The heading also covers unfinished bridal veils under certain circumstances. The General EN to Chapter 62 states: This chapter also covers unfinished or incomplete articles of the kind described therein, including shaped textile fabric for making such articles and shaped knitted or crocheted fabrics for making articles or parts of articles of heading 62.12. Provided these products have the essential character of the articles concerned, they are classified in the same headings as the finished articles. . . . Additionally, GRI 2(a) states that any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. The Explanatory Notes to GRI 2(a) explain that the rule extends the scope of any heading which refers to a particular article to cover an incomplete or unfinished article provided that it has the essential character of the complete or finished article. We find that the band does not possess the essential character of a bridal veil. Customs has previously stated that bridal veils imported without veils are not classified under heading 6214, HTSUSA. See Headquarters Ruling Letter (HQ) 952931, dated January 5, 1993. Accordingly, the band is not eligible for classification under 6214, HTSUSA, as an unfinished bridal veil. Heading 6217, HTSUSA, provides for “[o]ther made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212." In order to be classified as a part of a clothing accessory, it is necessary to determine how the finished item, which incorporates the part, will be classified. If the finished item would be classified as a clothing accessory, the part is properly classified under heading 6217. However, if the finished item will not qualify as a clothing accessory, the part cannot be classified under 6217, HTSUSA. Simply stated, it is not clear that this band will be used in making a finished article that would be classified as a clothing accessory. We find that the band could be used for a variety of craft purposes. Accordingly, the band is not classified under heading 6217, HTSUSA. Heading 6506, HTSUSA, provides for “[o]ther headgear, whether or not lined or trimmed.” The EN to heading 6506, HTSUSA, state that the heading covers all hats and headgear not classified in the preceding headings of the chapter or in Chapter 63, 68 or 95, HTSUSA. The band, as imported, is not headgear. Although the importer asserts that the item, when finished, will be worn on the head, it simply is not clear that the finished item will qualify for classification as headgear in Chapter 65, HTSUSA. Furthermore, heading 6506, HTSUSA, does not provide for parts of headgear. Thus, the band is not classified under 6506, HTSUSA. Heading 6507, HTSUSA, provides for “[h]eadbands, linings, covers, hat foundations, hat frames, peaks (visors) and chinstraps, for headgear.” The EN to heading 6507, HTSUSA, state that the heading only covers certain listed fittings for headgear. The description for headbands states as follows: (1) Head-bands for fitting on the edge of the crown. These are usually of leather, but may also be of composition leather, of oiled cloth or other coated fabric, etc. They are classified in this heading only when cut to length or otherwise ready for incorporation in the headgear. They frequently bear an inscription of the hat-maker’s name, etc. The band does not meet this description and is not the type of “headband” contemplated by the heading. Accordingly, the band is not classified under heading 6507, HTSUSA. Heading 9615, HTSUSA, provides for “[c]ombs, hair-slides and the like; hair pins, curling pins, curling grips, hair-curlers and the like, other than those of headings 8516, and parts thereof.” The EN to heading 9615, HTSUSA states that the heading covers: (3) Hair-slides and the like for holding the hair in place or for ornamental purposes. These articles are usually made of plastics, ivory, bone, horn, tortoise-shell, metal, etc. Customs has stated that “hair-slides” is a British term for what is known in the United States as “headbands”. HQ 951234, dated March 11, 1992. Customs has also stated that similar articles considered hair ornaments are classified under subheading 9615.11.40, HTSUSA. HQ 951234. Obviously, the rather crude band is not a hair ornament. Arguably, the band could be a part of a hair ornament. However, it must be known what the finished product will be in order to be classified as a part thereof. It is not clear that the finished product would be classified as a hair ornament under heading 9615, HTSUSA. Accordingly, the band is precluded from classification under heading 9615, HTSUSA. Heading 6307, HTSUSA, provides for “[o]ther made up articles, including dress patterns.” The EN to heading 6307, HTSUSA, state that the 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. We have not located a heading that specifically covers the subject band. However, since the band consists of both textile and metal components, the GRI must be consulted. GRI 1 alone is not determinative of the article’s classification because the band falls under two or more headings. If the band is classified based on the textile components, the article is classified under heading 6307, HTSUSA, as an other made up article of textile. However, if the band is classified based on the steel wire component, the band is classified under heading 7326, HTSUSA, which provides for “[o]ther articles of iron or steel.” GRI 2(b) mandates that classification of goods consisting of more than one material shall be determined according to the principles of GRI 3. GRI 3(a) states that the heading which provides the most specific description is to be preferred to a heading which provides a more general description. However, when two headings each refer to only a part of the materials in a composite good, those headings are to be regarded as equally specific. EN V to Rule 3(a). GRI 3(b) provides that composite goods consisting of different materials are to be classified as if they consisted of the material which gives them their “essential character.” Thus, the question is whether the textile component or steel wire component gives the band its essential character. Essential character may be determined by the nature of the material, its bulk, quantity, weight, value or by the role of a material in relation to the use of the goods. EN VII to Rule 3(b). We find that the essential character is imparted by the textile material. The band is predominately of textile. Furthermore, the textile material is what allows the article to be easily decorated as the importer suggests it will be used. Accordingly, we find that the band is classified under heading 6307, HTSUSA, as an other made up textile article. We regret to inform you that we are unable to classify the bands imported with attachments without examining samples of such products. Attachments such as combs, barrettes or teeth may affect the classification of the band and we decline to classify such articles without thorough review. HOLDING: The bands are classified in subheading 6307.90.9989, HTSUSA, the provision for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The general column one duty rate is seven percent (7%) ad valorem. Sincerely, John Durant, Director Commercial Rulings Division