CLA-2 CO:R:C:T 952483 HP
Ms. Jean F. Maguire
Area Director
U.S. Customs Service
New York Seaport Area
6 World Trade Center
New York, N.Y. 10048-0945
RE: Request for Guidance in the Classification of Buoyancy
Articles
Dear Ms. Maguire:
This is in reply to your memorandum of August 18, 1992.
That memo concerned the tariff classification, under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), of buoyancy devices. Please reference your file CLA-
2-63:S:N:N3H:345 - 708.
FACTS:
The merchandise at issue consists of personal buoyancy
devices, in the form of vests, swim aids for children, etc.
These devices generally are constructed of an outer layer of
textile surrounding inner layers of bladders, foam panels, or
other flotation materials.
ISSUE:
When are these articles classified as garments or other made
up articles under the HTSUSA? If classified as other made up
articles, are they classified in the eo nomine provision for
lifejackets and lifebelts?
LAW AND ANALYSIS:
Garment v. Other Made Up Article
In HRL 952204 of April 12, 1993, we examined the issue of
whether a flotation device is classifiable as a garment. The
merchandise at issue in that ruling was: an inflatable swimming aid [(a swim
sweater)], ... which is specially designed
for use by children ages 2-6. The article is
composed of a rubber inner tube, the
flotation chamber, encased in a stretch nylon
case which is firmly attached to a short
nylon sweater. * * * It permits the child to
float upright or to try swimming, providing
the appropriate buoyancy under the body to
keep her head out of the water. * * * [T]he
article is not designed to perform a
lifesaving function and is not sold for that
purpose....
In HRL 087946 of December 24, 1991, we initially classified this
merchandise under heading 6114, HTSUSA, as a sweater. In
determining that this decision was incorrect we stated:
We do not dispute that the imported
articles are designed to be worn and,
therefore, fall generally within the class or
kind of articles considered to be wearing
apparel. See Arnold v. United States, 147
U.S. 494, 496 (1892). Nor do we argue that
the term "wearing apparel" does not cover
articles worn essentially for protective
purposes. Admiral Craft Equip. Corp. v.
United States, 82 Cust. Ct. 162, C.D. 4796
(1979) (plastic lobster bibs are wearing
apparel). However, all things worn by humans
are not necessarily wearing apparel. See
Dynamics Classics, Ltd. v. United States,
Slip. Op. 86-105, 10 C.I.T. 666 (Oct. 17,
1986) (plastic suits used for weight
reduction inappropriate for wear during
exercise or work not wearing apparel);
Antonio Pompeo v. United States, 40 Cust. Ct.
362, C.D. 2006 (1958) (crash helmets not
wearing apparel); Best v. United States, 1
Ct. Cust. Appls. 49, T.D. 31009 (1910) (ear
caps for prevention of abnormal ear growth
not wearing apparel).
Admiral Craft Equipment, supra,
developed the standard that items are not
considered wearing apparel when the use of
those items goes "far beyond that of general
wearing apparel." Daw Industries, Inc. v.
United States, 714 F.2d 1140 (Fed. Cir. 1983)
(sheaths and socks used exclusively with
protheses do not provide "significantly more,
or essentially different," protection than
analogous articles of clothing, but merely
"differ incrementally"). The Daw reasoning
is applicable to this matter. While the swim
sweater may provide some protection from the
elements, and may even be said to adorn the
body (see Antonio Pompeo, supra (the term
wearing apparel includes articles worn for
decency, comfort or adornment)), it is
exclusively used in very specific situations.
The increment in the difference in use and
effect between this article and a
conventional sweater is so large that we must
conclude that the swim sweater is no longer
wearing apparel.
In HRL 950562 of January 9, 1992, we classified a Stratus
snorkeling vest, designed to provide surface flotation as well as
warmth, as a garment. The accompanying literature described the
merchandise as follows: Being able to see clearly, breathe
comfortably, and move efficiently are
certainly important factors governing the
enjoyment of snorkeling. But if any one
comfort element of snorkeling could be
isolated as most important, it would be
buoyancy control. While this feature is
certainly of vital importance, the Snorkeling
Vest actually provides a multitude of other
advantages that add to the overall comfort
and enjoyment....
* * *
In addition to supplying comfortable surface
flotation, the Stratus keeps you warm as
well. These two features, never combined
before, are accomplished by bonding a high
visibility flotation pocket to a ~" neoprene
vest.
It is clear that the neoprene vest imported without a bonded
flotation pocket would be classified as a garment. See the
Explanatory Note to Heading 6113, HTS (heading includes oilskins
& divers' suits). Following Daw Industries, supra, we must now
determine whether the additional protection and other advantages
afforded by the flotation pocket are "significantly more, or
essentially different," than the neoprene vest alone.
The instruction sheet for the Stratus Snorkeling Vest states
that "[i]t is designed to provide warmth and a small amount of
flotation." Emphasis added. It "incorporates a neoprene vest
for warmth, with a built-in buoyancy enhancement of surface
flotation. The progressive design is stylish for both men and
women snorkel divers." Emphasis added. Based upon this, it is
our opinion that the use and effect of the Stratus Snorkeling
Vest does not differ significantly from a neoprene vest alone.
HRL 950562 was decided correctly, and is affirmed.
Other Made Up Article (Lifejackets) v. Other Made Up Article
(Other)
In HRL 950496 of March 5, 1992, we classified a windsurfer's
buoyancy vest within subheading 6307.20, HTSUSA, as a
lifejackets, even though it did not meet the U.S. Coast Guard
specifications for life preservers. This policy was affirmed in
HRL 952930 of February 25, 1993. In HRL 952204, supra, we
classified the swim sweater under subheading 6307.90, HTSUSA, as
an other article of textiles. Accordingly, you have requested
guidance as to what factors are to be considered in classifying
personal buoyancy devices within subheading 6307.20, HTSUSA.
Webster's New World Dictionary, Third College Edition (1988)
defines a life preserver as a "buoyant device for saving a person
from drowning by keeping the body afloat, as a ring or sleeveless
jacket of canvas-covered cork or kapok." Buoyancy is defined as
"the ability or tendency to float or rise in liquid or air." A
life belt is defined as "a life preserver in the form of a belt,"
and a life jacket (or vest) as "a life preserver in the form of a
sleeveless jacket or vest." A life belt is a chiefly British
term used to describe a flotation article with a textile exterior
which fits around a child's waist. This article, as well as the
traditional life jacket, has been classified by the United
Kingdom Customs Administration based upon the construction of the
article; warning labels that the article is "NOT A LIFE
PRESERVER" are not dispositive.
To be classified under subheading 6307.20, HTS, an article
must be considered "of textiles." See the discussion in HRL
952204, supra, with respect to deciding between Chapter 40 and
Chapter 63. The article must also not be more specifically
classifiable as a garment of Chapters 61 or 62. See the
discussion above. Finally, if the article meets the commonly
accepted definitions (above) of a lifejacket or a lifebelt, it is
within the scope of the subheading at the international (six
digit) level. This is true irrespective of the fact that the
buoyancy device fails to meet U.S. Coast Guard specifications.
Classification of a particular life saving device by various
Customs administrations according to their national regulations
would most likely result in a lack of uniformity in the treatment
of the merchandise under the Harmonized System. Should the
flotation device not conform to the commonly accepted
definitions, e.g., the swim sweater, it is classified under
subheading 6307.90, HTS, as an other made up article of textiles.
HOLDING:
As a result of the foregoing, personal flotation devices
meeting the commonly accepted definition of lifejackets are
classified under subheading 6307.20.0000, HTSUSA, as other made
up articles, lifejackets and lifebelts. Should you have any
further questions, please do not hesitate to contact the Chief,
Textile Classification Branch, at (202) 482-7050.
Sincerely,
John Durant, Director
Commercial Rulings Division