HQ 951762: Decorative clip for garments; subheading 6217.10.0030

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 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