CLA-2 RR:CR:GC 960976 RTR
Robert Leo, Esq.
Meeks & Shepard
330 Madison Avenue
New York, New York 10017
Re: Metal Hair "Clippees"; subheading 9615.19.30; affirmed.
Dear Mr. Leo:
This is in response to your letter, dated September 17,
1997, on behalf of L & N Sales and Marketing, Inc., requesting
reconsideration of NY B88117, dated August 18, 1997. In NY
B88117, Customs classified metal hair "Clippees" in subheading
9615.19.60, Harmonized Tariff Schedule of the United States
(HTSUS), as "combs, hair-slides and the like; other."
FACTS:
The "Clippee," made from metal, ranging in length from 1 «
to 2 ¬ inches, is a two-pronged, elongated, curved triangle, with
its center stamped out. The middle prong is crimped. The prongs
"snap" open and closed when pressure is applied to the middle of
the "Clippee." When in the convex position the "Clippee" is
closed and is used to hold the consumer's hair in a fixed
position. When in concave position, the two prongs are open,
allowing it to be easily inserted or removed from the hair. The
clasping action of the crimped middle prong and the outer prong
hold the hair in position. The "Clippee" is produced in a
variety of colors, and is put up for sale in packs of six or
twelve pieces.
ISSUE:
Whether the merchandise is classified as "combs, hair-slides
and the like; other," in subheading 9615.19.60, HTSUS, or as
"hairpins" of subheading 9615.90.30, HTSUS.
LAW AND ANALYSIS:
Merchandise is classifiable under the HTSUS, in accordance
with the General Rules of Interpretation (GRIs). GRI 1 states in
part that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
The following provisions are under consideration:
9615 Combs, hair-slides and the like; hairpins, curling
pins, curling grips, hair-curlers and the like,
other than those of heading 8516, and parts
thereof:
Combs, hair-slides and the like:
9615.19 Other
9615.19.60 Other
................................. 11%
9615.90 Other
9615.90.30 Hairpins
................................. 5.1%
* * * *
The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) constitute the official interpretation of
the Harmonized system. While not legally binding on the
contracting parties, and therefore not dispositive, the ENs
provide a commentary on the scope of each heading of the
Harmonized System and are thus useful in ascertaining the
classification of merchandise under the System. Customs believes
the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg.
35127, 35128 (Aug. 23, 1989).
Neither the HTSUS nor the ENs provides a definition for
"hairpins." In your ruling request dated July 28, 1997, you
contend that "Clippees" should be classified in subheading
9615.90.30, HTSUS, an eo nomine provision for "hairpins." In
support, you cite definitions for hairpins from several lexicons,
which describe "a slender U-shaped piece of wire," "a doubled pin
of metal or plastic," "a small bent piece of wire," "a two-tined
device usually of... metal," and "a wire bent double with crimps
halfway down each side to give flexibility." You also cite
authority indicating that hairpins are synonymous with "bobby-pins." However, none of these definitions describes the subject
merchandise, which utilizes snapping pressure to grasp and hold
the consumer's hair. Thus, the merchandise is not classified in
the eo nomine provision for "hairpins" in subheading 9615.90.30,
HTSUS.
In addition, you argue that the merchandise is not
classified in subheading 9615.19.60, HTSUS, covering "combs,
hair-slides and the like; other," in which hair barrettes are
classified, because "Clippees" lack the spring-clasp mechanism
common to barrettes. While it is true that the merchandise does
not possess a spring-clasp mechanism, this fact does not preclude
classification of "Clippees" in subheading 9615.19.60, HTSUS,
because "barrettes" do not define the universe of items which are
covered by that subheading. Thus, notwithstanding the fact that
"Clippees" are not barrettes, they may still be classified in the
same subheading.
In a letter dated September 17, 1997, you indicate that
color and attractiveness of the merchandise should not be factors
in determining the classification of "Clippees." Although at one
time hairpins and bobby pins were manufactured in black, brown,
red and blonde in order that they would match the hair color of
the consumer, it seems that today many consumers actually intend
them to be decorative adornments, to be seen by the general
public. Thus, we agree that color and attractiveness do not, by
themselves, necessarily preclude classification as hairpins.
In the same correspondence, you argue that "Clippees" are
similar to hairpins and bobby pins because they hold the hair in
place by means of the spring of the metal from which they are
fashioned. While it is true that pressure is created by the bend
in the metal of "Clippees", hairpins and bobby pins, it does not
follow that this fact renders them similar for purposes of tariff
classification. Hairpins and bobby pins have only one position,
"closed," in which there is constant pressure by one prong
against the other. By contrast, the "Clippee," with an "open"
position (no pressure applied) and a "closed" position (pressure
applied), is a much more sophisticated apparatus than the hairpin
or bobby pin, and is unique from both of those items.
Accordingly, we affirm NY B88117.
HOLDING:
Hair "Clippees" are classified in subheading 9615.19.60,
HTSUS, "Combs, hair-slides and the like: Other; Other.
Sincerely,
John Durant, Director
Commercial Rulings Division