CLA-2 CO:R:C:T 950973 CC 855263
Ms. Elizabeth R. Yarns
Norman G. Jensen, Inc.
3050 Metro Drive
Suite 300
Minneapolis, MN 55425
RE: Revocation of NYRL 855263; classification of a "mosquito
head net"; classifiable in Heading 6505
Dear Ms. Yarns:
New York Ruling Letter (NYRL) 855263, dated August 22, 1990,
concerned the classification of a "mosquito head net" under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). We have had the occasion to review this ruling and
find that the classification of the mosquito head net in Heading
6117, HTSUSA, is in error.
FACTS:
The merchandise at issue is a "mosquito head net" from
Taiwan. This item is used over the head to protect the wearer
from getting mosquito bites on the head and neck. It is made of
a warp knit nylon material. There is no information available
whether this article contains braided elastic to keep it secured.
In NYRL 855263 this merchandise was found not to be
headwear. It was classified, therefore, under subheading
6117.80.0035, HTSUSA, which provides for other made up clothing
accessories, knitted or crocheted; knitted or crocheted parts of
garments or of clothing accessories, other accessories, of man-
made fibers, other.
ISSUE:
Whether the merchandise at issue is classifiable as headgear
in Heading 6505, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Chapter 65, HTSUSA, provides for headgear and parts thereof.
According to the Explanatory Notes, the official interpretation
of the HTSUSA at the international level, this chapter covers the
following articles: hat-shapes, hat-forms, hat bodies and hoods,
and hats and other headgear of all kinds, irrespective of the
materials of which they are made and of their intended use (daily
wear, theatre, disguise, protection, etc.).
Heading 6505, HTSUSA, provides for hats and other headgear,
knitted or crocheted, or made up from lace, felt or other textile
fabric, in the piece (but not in strips), whether or not lined or
trimmed; hair-nets of any material, whether or not lined or
trimmed.
Webster's Third New International Dictionary, Unabridged
(1986) defines headgear as "1 a: a covering for the head (as a
hat, cap, bonnet) b : a protective device for the head (as a
soldier's helmet or a welder's helmet." This merchandise, which
covers and protects the head, meets the definition of headgear.
In addition, we see nothing in the Explanatory Notes that would
exclude the submitted merchandise from being classified in
Heading 6505. Consequently this article is classifiable in
Heading 6505.
HOLDING:
If in part of braid, the merchandise at issue is classified
under subheading 6505.90.5090, HTSUSA, which provides for hats
and other headgear, knitted or crocheted, or made up from lace,
felt or other textile fabric, in the piece (but not in strips),
whether or not lined or trimmed; hair-nets of any material,
whether or not lined or trimmed, other, of man-made fibers,
knitted or crocheted or made up from knitted or crocheted fabric,
wholly or in part of braid, other, other. The rate of duty would
be 7.2 percent ad valorem, and the textile category would be 659.
If not in part of braid, the merchandise at issue is
classified under subheading 6505.90.6090, HTSUSA, which provides
for hats and other headgear, knitted or crocheted, or made up
from lace, felt or other textile fabric, in the piece (but not in
strips), whether or not lined or trimmed; hair-nets of any
material, whether or not lined or trimmed, other, of man-made
fibers, knitted or crocheted or made up from knitted or crocheted
fabric, not in part of braid, other, other, other. The rate of
duty would be 39.7 cents per kilogram plus 14.1 percent ad
valorem, and the textile category would be 659.
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. 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 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.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying
NYRL 855263 to reflect the above classification effective with
the date of this letter. However, if after your review, you
disagree with the legal basis for our decision, we invite you to
submit any arguments you might have with respect to this matter
for our review. Any submission you wish to make should be
received within 30 days of the date of this letter.
This notice to you should be considered a modification of
NYRL 855263 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to NYRL 855263 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
client's merchandise under that ruling. However, for the
purposes of future transactions in merchandise of this type,
NYRL 855263 will not be valid precedent. We recognize that
pending transactions may be adversely affected by this
modification, in that current contracts for importations arriving
at a port subsequent to this decision will be classified pursuant
to it. If such a situation arises, your client may, at its
discretion, notify this office and apply for relief from the
binding effects of this decision as may be warranted by the
circumstances. However, please be advised that in some instances
involving import restraints, such relief may require separate
approvals from other government agencies.
Sincerely,
John Durant, Director
Commercial Rulings Division