HQ 964475
May 7 2001
CLA-2 RR:CR:GC 964475 TF
Ms. Beth Morris,
Serra International, Inc.
One Exchange Place, Suite 401
Jersey City, NJ 07302
RE: SnapeeTM wristband bracelet; Reconsideration of NY F84529
Dear Ms. Morris:
This letter is in reference to NY F84529 issued to you on April 6, 2000, by the Director, National Commodity Specialist Division, concerning the classification of the SnapeeTM wristband, under the Harmonized Tariff Schedule of the United States (HTSUS). In NY F84529, it was determined that the SnapeeTM wristband was classified in subheading 6217.10.95.30, HTSUS, which provides for “other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, of man-made fibers.”
We have reviewed NY F84529 and determined that the classification provided for this article is incorrect. This ruling sets forth the correct classification.
Pursuant to section 625(c), Tariff Act of 1930, as amended (19 U.S.C. 1625(c)), notice of the proposed revocation of NY F84529 was published on April 4, 2001, in the CUSTOMS BULLETIN, Volume 35, Number 14. No comments were received in response to the notice.
FACTS:
Made in China, the SnapeeTM wristband measures approximately 9.5 inches and is composed of 100% light green colored, polyester fabric with an inner core of thin, spring steel plate which allows the item to be worn around an individual’s wrist by application of a light tap of the article against the back of the wearer’s wrist.
The item is marketed as a “Comforting Aromatherapy Band” along with its literature, both of which are packaged in a clear, plastic-sleeved container.
The wristband is imported non-scented, and essential oil fragrances, which consist of lavender, pine needle and geranium, are applied after importation into the U.S.
The marketing brochure states that by “using a unique microscopic bubble system, this easy to wear SnapeeTM wristband provides the user with a continuous ‘halo effect’ of fragrance for days.” It adds, “Unused, the band will retain the essential oils indefinitely.”
ISSUE:
Whether the SnapeeTM wristband is classifiable as imitation jewelry within heading 7117, HTSUS, or as a clothing accessory in heading 6217, HTSUS.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1, HTSUS, provides that classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, HTSUS, and if the headings or notes do not require otherwise, the remaining GRIs 2 through 6, HTSUS, may be applied.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) official interpretation of the Harmonized System at the international level. The ENs, although not dispositive, provide a commentary on the scope of each heading of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The HTSUS provisions under consideration are as follows:
Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212
6217.10 Accessories
Other
Other
6217.10.95.30 Of man-made fibers
* * * *
Imitation jewelry:
Of base metal, whether or not plated with precious metal:
7117.19 Other
Other
Other
* * * *
The Snapee™ wristband is comprised of polyester material with an inner thin plate of steel material which provides the wristband shape to fit around the wearer’s wrist. GRI 1 provides that an article is classified according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to GRIs 2 through 6. The subject article is comprised of a steel band and decorative polyester fabric. Since it is to be worn as a bracelet, it is potentially described by two headings, 6217 and 7117. Therefore, we must consider relevant section and chapter notes and the ENs.
Heading 6217 provides for “other made up clothing accessories; parts of garments or of clothing accessories.” EN 62.17 indicates that heading 6217 provides for “made up textile clothing accessories, other than knitted or crocheted, not specified or included in other headings of this Chapter or elsewhere in the Nomenclature.” See EN 62.17 at 939. Thus, this heading is a “basket” provision, which is appropriate “only when there is no [other] tariff category which covers the merchandise more specifically.” See Apex Universal, Inc., v. United States, CIT Slip Op. 98-69 (May 21, 1998). Therefore, we will first address the other competing provision, heading 7117, HTSUS.
Heading 7117 provides for “imitation jewelry”. Imitation jewelry is defined in Note 11, Chapter 71 as:
“articles of jewelry within the meaning of paragraph (a) of note 9, not incorporating natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed) nor (except as plating or as minor constituents) precious metal or metal clad with precious metal.”
Articles of jewelry are described in Note 9 to Chapter 71, in pertinent part, as follows:
a) “any small objects of personal adornment (gem-set or not) (for example, rings, bracelets, necklaces, brooches, earrings, watch chains, fobs, pendants, tie pins, cuff links, dress studs, religious or other medals and insignia)”
The subject wristband is jewelry, that is a small article of personal adornment, within the meaning of Note 9 to Chapter 71. It also meets the terms of Note 11 of Chapter 71, as an article of imitation jewelry. Therefore, the wristband is provided eo nomine in heading 7117. Further, we refer to See HQ 088126, dated January 10, 1991 and HQ 088222, dated February 15, 1991, which addressed the classification of snap bracelets (which are similar to the instant article). Like the articles in HQ 088126 and HQ 088222, the instant bracelet derives its “form, shape and function…from the flexible spring steel strip.” Id. Therefore, due to its basic metal construction, we do not find it is a textile article. Id.
Heading 6217, other made up clothing accessories, is less specific, and is not appropriate where another heading describes the good. See EN 62.17, discussed above. Classification of the wristband in heading 6217 is therefore excluded.
The addition of essential oils after importation is not relevant in this case. See Sherwin-Williams Co. v. U.S., 38 CCPA 13, 18, C.A.D. 432 (1950). It is well settled goods are classified in their condition as imported: Not what the article is made into after importation, except where classification is dependent on use See Leonard Levin Co. v. U.S., 27 CCPA 101, 105, C.A.D. 677 (1958).
HOLDING:
At GRI 1, SnapeeTM wristband is classifiable within subheading 7117.19.90, which provides for “imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other”.
EFFECT ON OTHER RULINGS:
NY F84529 dated April 6, 2000 is hereby revoked. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the CUSTOMS BULLETIN.
Sincerely,
John Durant, Director
Commercial Rulings Division