HQ 085414
December 8, 1989
CLA-2 CO:R:C:G 085414 CC
CATEGORY: Classification
TARIFF NO.: 6117.80.0030
Louis Barasch, Inc.
Attn: Import Manager
406 East John Street
Lindenhurst, N.Y. 11757
RE: Classification of a ladies' visor
Dear Sir:
This letter is in response to your inquiry of August 10,
1989, requesting tariff classification of a visor. A sample was
submitted for examination.
FACTS:
The sample at issue, designated as style 7154, is a ladies'
open crown sun visor. It has a full 4 inch wide brim, which you
state is made of 100 percent polypropylene. A visual examination
shows that the brim is of braided construction, and the
polypropylene strips are sewn together spirally. The visor also
contains a polka-dot woven cloth band, approximately 2 inches
wide, which is sewn to the inner edge of the brim.
ISSUE:
Whether the sample visor is classifiable as headgear under
Chapter 65 of the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA)?
If not, whether the sample visor is classifiable as a
garment or as a clothing accessory under the 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. Headgear is
defined by The Random House Dictionary of the English Language,
the Unabridged Edition (1983) as "any covering for the head, esp.
a hat, cap, bonnet, etc."
The item in question neither covers the head, nor does it
provide sufficient protection for the head to be regarded as a
hat. Instead, it functions primarily to shade the eyes from
sunlight. The article is deemed to be essentially a visor, and,
therefore, is not classifiable as headgear.
The next issue is whether the sample visor is classifiable
as a garment or as a clothing accessory. In HRL 085012, dated
August 7, 1989, copy attached, we stated that garments are
articles which cover the trunk of the body. The visor at issue
does not cover the trunk of the body, and, thus, is not
classifiable as a garment. Instead, it is classifiable as an
accessory.
The woven cloth band would make the visor classifiable in
Heading 6217, HTSUSA, which provides for clothing accessories,
not knitted or crocheted. We must next determine whether the
polypropylene strips are classifiable as textiles or as plastics.
In HRL 084612, dated August 3, 1989, copy attached, we decided
that polypropylene strips of a hat were considered of textile
materials. Therefore, the sample visor is classifiable as a
textile article. The applicable heading would be 6117, HTSUSA,
which provides for clothing accessories, knitted or crocheted.
Since classification of this article is not possible by GRI
1, we must apply the remaining GRIs. According to GRI 3(b),
mixtures, composite goods consisting of different materials or
made up of different components, and goods put up in sets for
retail sale, shall be classified as if they consisted of the
material or component which gives them their essential
character. The polypropylene strips make up the brim, which
composes, by far, most of this article. Thus, the polypropylene
strips supply the visor at issue with its essential character,
and it is classified in Heading 6117.
HOLDING:
The visor at issue is classified under subheading
6117.80.0030, HTSUSA, which provides for other made up clothing
accessories, knitted or crocheted, other accessories, of man-
made fibers. The rate of duty is 15.5 percent ad valorem and the
textile category is 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.
Sincerely,
John Durant, Director
Commercial Rulings Division