HQ 954199: Classification of a Polyester/Cotton Knit Hairband Used forPonytails

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 954199
                                
                          JULY 15, 1993

CLA-2 CO:R:C:T 954199 jlj

CATEGORY: Classification

TARIFF NO.: 6117.80.0035

Ms. Judy A. Meszaros
Pre-Classification Section Leader 
Kmart Corporation
3100 West Big Beaver Road
Troy, Michigan 48084-3163

RE: Classification of a Polyester/Cotton Knit Hairband Used for
Ponytails

Dear Ms. Meszaros:

     In your letter of March 13, 1993, you requested a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for a girls' knit hairband manufactured
in Taiwan.  A sample hairband was submitted with your letter.  As
you requested, the hairband is being returned to you under
separate cover.

FACTS:

     The sample submitted, Style # 1504, is a girl's 60 percent
polyester, 40 percent cotton knit hairband.  It is composed of a
circle of elastic approximately 2 inches wide in its unexpanded
size which is covered by a knit fabric.  The hairband will be
imported attached to a girl's dress of the same material. 
Inasmuch as we have not been furnished with samples of the goods
in their condition as imported, we can only rule on the submitted
sample.

     Style # 1504 is a self fabric hairband which is not large
enough in circumference to put around a girl's entire head.  It
is a small size band intended to go around a ponytail or to hold
a girl's hair back at the nape of her neck.

ISSUE:

     What is the HTSUSA classification for the headband?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken

in order.  GRI 1 provides that classification shall be according
to the terms of the headings and any relevant section or chapter
notes.

     Heading 6117, HTSUSA, provides for other made up clothing
accessories, knitted or crocheted.  The Explanatory Notes to the
Harmonized Commodity Description and Coding System (EN) are the
official interpretation of the nomenclature at the international
level. The EN for Heading 6117, state that:

     This heading covers made up knitted or crocheted clothing 
     accessories, not specified or included in the preceding 
     headings of this Chapter or elsewhere in the Nomenclature.

     *              *              *              *

     The heading covers, inter alia:

     *              *              *              *

     (12) Headbands, used as protection against the cold, to hold
          the hair in place, etc.

     The instant headband meets the definition of "made up" set
forth in Note 7 of Section XI, HTSUSA, because it is produced in
the final state, ready for use without sewing or other working.

     In Customs Headquarters Ruling Letter (HRL) 088540 of June
3, 1991, this office defined an "accessory" as an article which
is related to the primary article and which is intended for use
solely or principally with a specific article.  Given that the
instant hairband will be imported with a dress made of the same
material and that it will presumably be worn with the dress, the
hairband meets the definition of a clothing "accessory."
     
     In HRL 089086 of May 22, 1992, a decorative headband was
classified as a clothing accessory in Heading 6117.  While that
headband was intended to go around the wearer's entire head
rather than around a ponytail, we find that the instant article
is similar enough to it in decorativeness and function to be
classified in Heading 6117.  

     We also find that the instant hairband is similar enough to
the headbands used to hold the hair in place which are described
within the EN for Heading 6117 to be covered by these EN. 
Accordingly, the sample hairband is classified as a clothing
accessory in Heading 6117.

HOLDING:

     The instant headband is classified under the provision for
other made up clothing accessories, knitted or crocheted;...; 

other accessories, in subheading 6117.80.0035, HTSUSA, textile
category 659, dutiable at the rate of 15.5 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 applicable 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. 

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Inasmuch
as part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain 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 internal
issuance of the U. S. Customs Service, which is available for
inspection at your local Customs office.
     
                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division