HQ 084973: Classification of Adjustable Headband

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 084973

                       September 20, 1989


CLA-2  CO:R:C:G  084973  JBW

CATEGORY: Classification

TARIFF NO.:  6505.90.6060

Mr. Richard Gill
Action Broker
P. O. Box 91190
Worldway Postal Center
Los Angeles, CA 90009

RE:  Classification of Adjustable Headband

Dear Mr. Gill:

          Your letter of April 18, 1989, on behalf of Ace
Wholesale, addressed to our Los Angeles office, has been referred
to this office for reply concerning the classification of
merchandise under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).

FACTS:

          You requested classification of merchandise described
as an adjustable headband for men or women used to hold hair in
place.  The sample is constructed of two pieces of knitted
polyester tubing that are glued together at one end in a plastic
cup.  A plastic slide holds the loose ends together and adjusts
the size of the opening of the band.  Latex rubber tubes are
inserted into the ends of the polyester fabric; the loose ends of
the fabric are tucked inside the latex rubber inserts to  form a
finished end.

ISSUE:

          What is the classification of an adjustable headband
under the HTSUSA?

LAW AND ANALYSIS:

          The General Rules of Interpretation (GRI's) set forth
the legal framework in which merchandise is to be classified
under the HTSUSA.  GRI 1 requires that classification be
determined first according to the terms of the headings of the
tariff and any relative section or chapter notes and, unless
otherwise required, according to the remaining GRI's, taken in
order.

          The merchandise may be classified under two different
headings.  Heading 6307, HTSUSA, provides for other made up goods
of textile materials.  Note 7 to Section XI defines made up to
mean, inter alia: produced in a finished state, ready for use
without sewing or other working.  Customs has determined that
this phrase means finished at the time of importation.  The
article in question is finished under this definition and
consequently is considered made up.  The second applicable
heading is Heading 6505, HTSUSA, which provides for knitted or
crocheted hats or headgear.

          GRI 3 applies when goods are classifiable under two or
more headings. GRI 3(a) states that where goods are classifiable
under two or more headings, then the heading that provides the
most specific description will be preferred.  The Explanatory
Notes, which provide the official interpretation of the HTSUSA at
the international level, for GRI 3(a) recognize the difficulty of
establishing rules for determining the heading that provides the
most specific description; however, the Notes state that "[i]f
the goods answer to a description which more clearly identifies
them, that description is more specific than one where
identification is less complete."

          From the construction and suggested use of the
merchandise, we determine that the adjustable headband is more
specifically described under subheading 6505.90.6060, HTSUSA,
which provides for hats and other headgear, knitted or crocheted
of man-made fibers, not in part of braid, than under the
provision for other made up textile articles.

HOLDING:

          The adjustable headband is classified under subheading
6505.90.6060, HTSUSA, and falls in textile category 659.

          The designated and apparel category may be subdivided
into parts.  If so, visa and quota requirements applicable to the
subject merchandise may be affected.  Since 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 time of shipment, the Status Report on Current Import
Quotas (Restraint Levels), an internal issuance of the United
States Customs Service, which is available for inspection at your
local Customs office.


          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