CLA-2 CO:R:C:T 088531 CRS

John A. Bessich, Esq.
Follick & Bessich, P.C.
225 Broadway
Suite 500
New York, NY 10007

RE: Sun visors made from plastic and textiles are classifiable as headgear of textiles pursuant to GRI 1; EN 65.05. HRL 087539 distinguished. Classification at subheading level determined by essential character pursuant to GRIs 3(b), 6.

Dear Mr. Bessich:

This is in reply to your letter dated January 23, 1991, on behalf of your client, Arlington Hat Co., Inc., concerning the classification of visors under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Three sample visors were submitted with the ruling request.

FACTS:

The merchandise in question is a sun visor or sports visor consisting of a rigid plastic visor encased in a textile outer shell. The visor does not completely encircle the head (there is a four inch gap at the back of the visor) and holds its place on the wearer's head solely by means of the form-gripping shape of the hard plastic. The plastic will be covered by a 75 percent polyester, 25 percent knit cotton fabric described as "taslon" cloth (visor A); or, a 50 percent woven nylon and 38 percent polyester, 12 percent knit cotton terry fabric (visor B). Only samples of the latter type were provided.

The total weight of each individual visor is 58 grams, of which 48 grams or 83 percent is plastic, and 10 grams or 17 percent is textile. The total material cost of an individual visor is $0.28, of which $0.17 or 61 percent represents the cost of the plastic, while $0.11 or 39 percent represents the cost of the textile.

ISSUE:

Whether the visor in question is classifiable as headgear of textile fabric and subject to quota, or as other headgear, not subject to quota.

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that articles are classifiable according to the terms of the headings and any relative section or chapter notes and, provided the headings or notes do not otherwise require, according to the remaining GRIs taken in order.

The headings in question are heading 6505, HTSUSA, which provides for inter alia, hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric; and heading 6506, HTSUSA, which provides for other headgear. See Headquarters Ruling Letter (HRL) 087539 dated September 20, 1990.

GRI 3(b) provides that composite goods consisting of different materials that cannot be classified according to GRI 3(a) are to be classified as if they consisted of the material that imparts their essential character. The sun visor in question consists of a plastic visor covered by textile fabric. You contend that the essential character of the visor in question is conferred by the plastic rather than the textile, given that plastic predominates in terms of weight and cost. In support of this view you cite HRL 087539.

However, the merchandise in HRL 087539, a solar visor consisting of a rigid plastic visor on which was mounted a solar cell, motor and fan, is distinguishable from the hard plastic visor covered with textile now at issue. While the visor of HRL 087539 had a small textile band which served to secure the visor around the wearer's head, the band was decidedly minor in relation to the article as a whole. Moreover, the plastic visor not only screened the face, but also provided a platform for the solar cell and motor which formed the article's raison d'etre.

The plastic component of the instant sun visor, however, plays a less significant role in relation to the article as a whole than did the plastic element of the solar cell visor. Furthermore, while the plastic portion of the instant visor is form-fitting and shades the eyes, the textile covering also contributes to the article's essential character. In addition to bulk, quantity, weight and value, Explanatory Note VII, GRI 3, directs that the role of a constituent material be considered in relation to the use of the goods. Here, the plastic is covered by textile fabric. The covering may be decorated or colored to enhance the marketability of the item. The textile fabric also absorbs sweat and provides a layer of insulation between the wearer's head and the hard plastic. Given this contribution to the wearer's comfort and to the article's marketability, it is Customs' opinion that the textile covering would impart the visor's essential character if it were necessary to resort to GRI 3(b).

However, the Harmonized Commodity Description and Coding System, Explanatory Notes (EN) provide at EN 65.05, 884, that cork or pith helmets covered with textile fabric are classifiable in heading 6505 as hats and headgear of textile fabric. The amount of textile fabric on cork or pith helmets is minimal in relation to the use of other materials; nevertheless, these articles are classifiable as hats and headgear of textile fabric. This suggests that the drafters of the Harmonized System intended to include most textile covered headgear within heading 6505 unless the textile portion of the article was de minimis, or else it was necessary to resort to GRI 3(b) and the essential character was clearly and unequivocally imparted by some other material. See HRL 087539. Accordingly, it is Customs' opinion that the visor in question is classifiable as headgear of textiles pursuant to GRI 1.

At the subheading level, however, the question arises as to whether the visors are classifiable as consisting of knit or woven man-made fibers. Visor A is described as being covered with knit taslon cloth and is therefore classifiable under the provision for knit headgear. Visor B is made from 50 percent knit fabric, 50 percent woven fabric. GRI 6 provides that goods are classifiable within the subheading of a heading according to the GRIs. Since the textile covering is made from two materials, GRI 2 requires the application of GRI 3. Neither of the materials, in Customs' view, determines the article's essential character under GRI 3(b). Consequently, under GRI 3(c), visor B is classifiable in the subheading which occurs last in numerical order among those which equally merit consideration.

HOLDING:

Visor A is classifiable in subheading 6505.90.6050, HTSUSA, under the provision for hats and other headgear . . . ; other; of man-made fibers; knitted or crocheted or made up from knitted or crocheted fabric; not in part of braid; other; other; visors, and other headgear which provides no covering for the crown of the head. Visor A is dutiable at the rate of 39.7/kg + 14.1 percent ad valorem and is subject to textile quota category 659.

Visor B is classifiable in subheading 6505.90.8050, HTSUSA, under the provision for hats and other headgear . . . ; other; of man-made fibers; other; not in part of braid; other; other; visors, and other headgear which provides no covering for the crown of the head. Visor B is dutiable at the rate of 22/kg + 8 percent ad valorem and is subject to textile quota category 659.

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.

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