CLA-2 CO:R:C:G 087677 CRS
Ms. Julie White
Import Specialist
Nordstrom, Inc.
1321 2nd Avenue
Seattle, WA 98101
RE: Head wrap worn to keep the hair in place and for ornamental
purposes similar to combs, hair-slides and the like. Not
other made up clothing accessory. NYRL 853612 revoked.
Dear Ms. White:
This is in reply your letter dated July 18, 1990, in which
you requested reconsideration of New York Ruling Letter (NYRL)
853612 dated July 9, 1990.
FACTS:
The article in question, style # 609, is a woman's head wrap
made of either 100 percent cotton knit fabric or 100 percent
cotton woven fabric. Both the knit and woven versions of the
head wrap have a wire band sewn inside the textile portion of the
article. The head wrap is manufactured in Hong Kong and is
designed to be worn around the head to hold back the hair.
In NYRL 853612 the head wrap was classified, if knit, in
subheading 6117.80.0010, HTSUSA, under the provision for other
made up clothing accessories..., other accessories, of cotton, or
if woven, in subheading 6217.10.0010, HTSUSA, under the provision
for other made up clothing accessories, accessories, of cotton.
ISSUE:
Whether the article in question is classifiable as an other
made up clothing accessory or whether it is similar to hair-
slides and the like such that is classifiable in heading 9615,
HTSUSA.
LAW AND ANALYSIS:
Headings 6117 and 6217, HTSUSA, provide for other made up
clothing accessories and other accessories, respectively. The
Explanatory Notes, state that these headings include such
articles as shawls, scarves, ties, bow ties, dress shields,
belts, sleeve protectors and handkerchiefs. The head wrap is
distinguishable from the above which are worn around or below the
neck.
Heading 9615, HTSUSA, provides for combs, hair-slides and
the like, hairpins, curling pins, curling grips, hair-curlers and
the like...and parts thereof. The Explanatory Notes to the
Harmonized Commodity Description and Coding System, which
although not legally binding nevertheless constitute the official
interpretation of the Harmonized System at the international
level, provide in relevant part at EN 96.15, 1611, that heading
9615 covers:
(2) Dress combs of all kinds, whether for personal
adornment of for keeping the hair in place.
(3) Hair slides and the like for holding hair in place or
for ornamental purposes.
These articles are usually made of plastics, ivory, bone,
horn, tortoise-shell, metal, etc.
* * *
(5) Curling pins, curling grips, hair-curlers and the like,
other than those of heading 85.16, whether or not
having coverings or fittings of textile, rubber or
other materials.
These articles are usually made of base metals or plastics.
The style 609 head wrap is made from metal wire covered by cotton
fabric and is worn to keep the hair in place and for ornamental
purposes and therefore, in Customs' view, is of a class or kind
of merchandise similar to the articles of heading 9615.
HOLDING:
The head wrap at issue is classifiable in subheading
9615.19.6010, HTSUSA, under the provision for combs, hair-slides
and the like, other, other, of textile material, and are dutiable
at the rate of 11 percent ad valorem.
Pursuant to section 177.9, Customs Regulations (19 CFR
177.9), NYRL 853612 dated July 9, 1990, is modified in conformity
with the foregoing.
A ruling letter that revokes an earlier ruling is generally
effective on the date that it is issued. However, the effective
date of such a ruling may be delayed for a period of up to ninety
days from the date of issuance, on the condition that the party
to whom the ruling was issued can demonstrate that they relied on
the earlier ruling to their detriment. Should you have relied to
your detriment on the earlier ruling you may apply to this office
in accordance with the provisions of 19 CFR 177.9.
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