HQ 084261: Classification of children's headwear and sunglasses

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 084261

                                        June 15, 1989


          CLA-2 CO:R:C:G  084261 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6505.90.2500, 9004.10.0000

          John A. Bessich, Esquire
          Pollick & Bessich, P.C.
          225 Broadway, Suite 500
          New York, New York 10007

          RE:  Classification of children's headwear and sunglasses

          Dear Mr. Bessich:

                This ruling letter is in response to your inquiry of March
          17, 1989, on behalf of Arlington Hat Co., Inc., requesting tariff
          classification of children's headwear and sunglasses under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  The sunglasses are produced in Hong Kong while the cap
          is produced in China.

          FACTS:

                The samples at issue consist of a cap, style number 1241
          which is composed of cotton woven fabric with a narrow, vertical,
          cotton fabric loop sewn to the cap above the brim.  The loop may
          be opened and closed by a metal snap.  The loop holds a pair of
          plastic sunglasses.  By opening the snap of the fabric loop, the
          sunglasses can be removed and worn by the cap wearer.  In
          addition, the cap has two fabric loops which are sewn to each
          side of the cap into which the user could possibly insert the
          sunglasses.

                Style number 264 is also a cap designed like style number
          1241 except that it has two half-moon shaped panels of cotton
          netting material which extend back from the brim.  This cap
          contains a pair of plastic heart-shaped sunglasses that are worn
          in the same fashion as style number 1241.

                According to your submissions the cap and sunglasses will
          be imported and sold together.  The sunglasses are inserted in
          the fabric loop where a plastic tag is used to prevent separation
          during shipment and at retail.  











                                         -2-

          ISSUE:

                Whether the cap and sunglasses are classified together or
          separately.

          LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI's),
          taken in order.  GRI 3 provides for classification of sets.

                GRI 3(b) provides that goods put up in sets for retail sale
          which cannot be classified by GRI 3(a), shall be classified as if
          they consisted of the material or component which give them their
          essential character.  The Explanatory Notes constitute the
          official interpretation of the tariff at the international level.
          The Explanatory Notes for GRI 3(b) state that goods put up in
          sets for retail sale are those which consist of at least two
          different articles which are classifiable in different headings;
          consist of products or articles put up together to meet a
          particular need or carry out a specific activity; and are put up
          in a manner suitable for sale directly to users without
          repacking.

                The samples at issue consists of two articles classifiable
          in different headings.  Heading 6505, HTSUSA, provides for hats
          and other headgear, knitted or crocheted, or made up from lace,
          felt or other textile fabric, in the piece, whether or not lined
          or trimmed.  Heading 9004, HTSUSA, provides for spectacles,
          goggles and the like, corrective, protective or other.

                Even though the sunglasses and cap are classifiable in
          different headings, the articles do not meet a particular need or
          carry out a specific activity.  There is no need for children to
          wear the sunglasses while wearing the cap.  The cap can be worn
          both outdoors and indoors, in the rain and other types of weather
          conditions where sunglasses would be unnecessary.  The sunglasses
          have a separate function apart from the cap and neither article
          is in any way dependent on its use for the other.

                Although the cap and sunglasses will be imported together
          their packaging suggests that they are separate and distinct
          articles of commerce.  The sunglasses are packaged in clear
          plastic bags and are inserted in the fabric loop.  The sunglasses
          are further attached to the cap by a plastic tag to ensure that
          they are not separated during shipment and at retail.  The cap
          and the sunglasses do not lose their separate identities nor
          their separate functions by virtue of a plastic tag that connects
          them.    













                                         -3-

                Therefore, it is our opinion that the sunglasses and cap do
          not meet the requirements of a "set" for classification purposes
          and are classified separately under the HTSUSA.

          HOLDING:

                The sunglasses are classified under subheading
          9004.10.0000, HTSUSA, which provides for spectacles, goggles and
          the like, corrective, protective or other, sunglasses, and
          dutiable at the rate of 7.2 percent ad valorem.

                The cap is classified under subheading 6505.90.2500,
          HTSUSA, which provides for hats and other headgear, knitted or
          crocheted, or made up from lace, felt or other textile fabric, in
          the piece (but not in strips), whether or not lined or trimmed,
          other, other, textile category 859, and dutiable at the rate of 8
          percent ad valorem.

                Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicabl to textile
          merchandise, you should contact your 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