The tariff classification of textile sleeve and cord hearing aid lanyard from China

N290298 October 19, 2017 CLA-2-56:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 5609.00.3000; 6307.90.9889 Mr. Mark B. Rosal Ear Gear Enterprises, Inc.  11651 McGowan Rd   Lake Country, BC V4V1J2 Canada RE: The tariff classification of textile sleeve and cord hearing aid lanyard from China Dear Mr. Rosal: In your letter dated September 18, 2017, you requested a tariff classification ruling. You submitted literature and pictures for two items called Ear Gear cordless and Ear Gear corded. You state that both, Ear Gear cordless and Ear Gear corded are made from a textile fabric sleeve that is composed of 82 percent nylon and 18 percent spandex. There are two also two models, one with rubber hoops, attached to the sleeve and one without. The Ear Gear corded is similar to a lanyard. It made from a textile sleeve, sewn in textile cord, shrink tube and a plastic clip. The cord is constructed from a rubber cord covered by 100 percent polyester yarn. The cord is joined together by a shrink tube made of polyolefin and attached to a plastic clip. The Ear Gear cordless is used to protect hearing aids and the Ear Gear corded is designed to be worn on the person to protect hearing aids from damage and loss. Ear Gear corded and Ear Gear cordless with rubber hoop attachments are made to be attached to eyeglasses while protecting hearing aids. The Ear Gear corded is a composite good consisting of different materials. Classification of goods under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). 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 GRIs, 2 through 6, may then be applied in order.GRI 3(b), in pertinent part, provides that composite goods consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component which gives them their essential character. EN VIII to GRI 3(b) explains that "[t]he factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of the constituent material in relation to the use of the goods." In this case, the Ear Gear corded is made up of different materials, i.e., rubber/polyester cord, nylon sleeve and plastic clip. The cord component imparts the good's essential character. In this regard, the subject Ear Gear corded is properly classified as a textile article of cordage under heading 5609, Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for the Ear Gear corded will be 5609.00.3000, HTSUS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers. The applicable subheading for the Ear Gear cordless will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current. 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 Adleasia Lonesome via email at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division