HQ 084616: Classification of a polyester wrap

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 084616

                                 August 24, 1989


      CLA-2 CO:R:C:G  084616  CMR  840288

      CATEGORY: Classification

      TARIFF NO.: 6211.43.0090

      Mr. L. Klestadt
      Trans-World Shipping Corp.
      53 Park Place
      New York, New York  10007

      RE: Classification of a polyester wrap

      Dear Mr. Klestadt:

           This is in response to your letter of April 27, 1989, on behalf
      of Global Trade Concepts, Inc., requesting the classification of a
      100 percent polyester wrap with polyester tassels.

      FACTS:

           The polyester wrap at issue is made of woven fabric and measures
      79 inches by 33 inches with 5 inch tassels at both ends.

           The wrap will be imported through the port of New York from
      Pakistan.

      ISSUE:

           Is the wrap at issue classified in heading 6214, which provides
      for shawls, scarves, and similar articles, or in heading 6211, which
      provides for other garments, or in heading 6217, which provides for
      clothing accessories?

      LAW AND ANALYSIS:

           The Explanatory Notes to the Harmonized System, the official
      interpretation of the HTSUSA at the international level, offer little
      guidance in determining which of the three headings under consider-
      ation is correct.  We do not believe the wrap at issue is truly an
      accessory as intended for classification in heading 6217, HTSUSA.  It
      does not appear to be of the same nature of the items mentioned in
      the Explanatory Notes for that heading, although the heading is not
      limited to only those items mentioned.











                                       -2-


           In the notes for heading 6214, HTSUSA, shawls are described as
      "usually square, triangular or circular, and large enough to cover
      the head and shoulders."  Although the description of shawls in the
      Explanatory Notes does not mention a size limitation other than that
      they need to be large enough to cover the head and shoulders, the
      garment at issue appears to be so large that it is more in the nature
      of a wrap, or stole, than a shawl, and is in fact referred to as a
      wrap.

           Under the Tariff Schedule of the United States Annotated
      (TSUSA), rectangular-shaped garments measuring 18 inches or more in
      width and 60 inches or more in length were considered stoles and were
      classified as wearing apparel under the appropriate provisions.  HRL
      054179 of October 20, 1978.  While the pre-existing practice under
      the TSUSA is not indicative of classification under the HTSUSA, it
      may offer guidance when necessary.  We believe this is such a case.

           In light of the above, we believe this article is most properly
      classified as a garment in heading 6211, HTSUSA.

      HOLDING:

           The article at issue is classifiable in subheading 6211.43.0090,
      HTSUSA, which provides for other women's garments of man-made fibers.
      The garment falls within textile category 659 and is dutiable at 17
      percent ad valorem.

           Due to the changeable nature of the statistical annotation (the
      ninth and tenth digits of the classification) 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.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division





















      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins