HQ 084222: Classification of head covers from Syria

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 084222

                                    July 13, 1989



          CLA-2:CO:R:C:G  084222  SR

          CATEGORY:  Classification

          TARIFF NO.:  6214.90.0010

          Mr. Charles L. Brown
          G. Cosimano, Inc.
          P.O. Box 17092
          Dulles Airport
          Washington, D.C. 20041

          RE: Classification of head covers from Syria

          Dear Mr. Brown:

               This is in reference to your letter dated March 15, 1989,
          requesting the tariff classification of head covers from Syria
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  A sample produced in Syria was submitted.

          FACTS:

               The merchandise at issue consists of a cotton fabric that is
          claimed to be worn around a person's head to form a turban.  The
          fabric is a 100 percent cotton woven printed fabric.  The square
          shaped fabric measures approximately 51 inches per side.  It has
          fast edges; two of the edges are hemmed and have decorative
          edgings attached while the other two have selvages.

          ISSUE:

               Whether the turban fabric is classifiable as headwear.

          LAW AND ANALYSIS:

               Chapter 65, HTSUSA, is the chapter in which hats are
          classified.  All items that are classifiable in this chapter are
          made in a shape that dedicates them to be worn on the head.  The
          merchandise at issue is not classifiable as headwear because it
          in no way resembles a hat.  It is not in the form or shape of a
          hat and is not such that it is dedicated to be worn on the head.  
















                                         -2-

               Heading 6214, HTSUSA, provides for shawls, scarves,
          mantillas, veils and the like.  The Explanatory Notes constitute
          the official interpretation of the tariff at the international
          level.  The Explanatory Notes to heading 6214, HTSUSA, define a
          shawl as usually square, triangular or circular, and large enough
          to cover the head and shoulders.  A mantilla is defined as a
          light shawl or scarf usually worn over the head and shoulders.  A
          veil is worn on the head and often covers the face.  The items
          that are classifiable under this heading consist of scarf-type
          items that are to be worn on the head and/or shoulders.  The
          merchandise at issue is similar to a scarf and is, according to
          the importer, principally used to be worn on the head.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6214.90.0010, HTSUSA, as shawls, scarves, mufflers, mantillas,
          veils and the like, of other textile materials, of cotton.  The
          textile category number is 359, the rate of duty is 12 percent ad
          valorem.  Merchandise under this subheading is not eligible for
          GSP treatment.

               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


























          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference