CLA-2 CO:R:C:T 950560 SK

Mr. D.G. McKenny
John V. Carr & Son, Inc.
P.O. Box 248
Champlain, New York 12919

RE: Revocation of HRL 085871 (11/21/89) and NYRL 865545 (8/12/91); classification of hair-swatch displays; 6704, HTSUSA

Dear Mr. McKenny:

On November 21, 1989, this office issued you Headquarters Ruling Letter (HRL) 085871, classifying hair-swatch charts and books. Subsequently, our New York office issued you New York Ruling Letter (NYRL) 865545, dated August 12, 1991, also classifying hair-swatch displays. Upon further review, these classifications are deemed to be in error and are accordingly revoked.


HRL 085871 classified hair-swatch charts and books. Classification of these items was deemed proper under subheading 5609.00.3000 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

Four samples were submitted for classification in NYRL 865545. Only Samples 2 and 3 are the subject matter of this revocation. Sample 2, the "Clairesse Shade Selector", is a paperboard folder inside of which are affixed a number of variously colored imitation hair swatches made of "Polyamide 6 Monofilament 5.55 TEX." The swatches are intended to display the hues of certain hair dyes, the individual shades of which are identified by printed captions. Sample 3 is referred to as "Redken Shades" and consists of variously colored imitation hair-

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swatches made of synthetic fibers. The swatches are individually mounted in plastic ferrules marked with the name and number of a dye shade. These swatches are mounted on a keychain with a pair of promotional mock sunglasses. Both items were classified under heading 5609, HTSUSA.


Whether classification of the subject merchandise in HRL 085871 and NYRL 865545 is proper under heading 5609, HTSUSA, which provides for articles of yarn, strip or the like ... not elsewhere specified or included, of man-made fibers, or under heading 6704, HTSUSA, which provides for, inter alia, hair switches and the like ... of synthetic textile materials?


Classification of goods under the HTSUSA is governed by 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.

In HRL 085871 and NYRL 865545, it was determined that the essential character of the subject merchandise in each case was imparted by the nylon hair swatches. This office is in accordance with that determination and examines only the issue of the swatches' proper classification.

Explanatory Note (EN) 1 to heading 6704 includes within its provisions, "... wigs, beards, eyebrows and eyelashes, switches, curls, chignons, moustaches and the like. They are usually of high-class workmanship intended either as aids to personal toilet or for professional work (e.g., theatrical wigs)." The subject merchandise is specifically provided for in this heading of the Nomenclature inasmuch as the articles at issue are hair- swatches, of good construction, and they are intended to aid an individual's personal toilet by enabling one to choose an appropriate hair color. Accordingly, the subject merchandise is classifiable as hair "switches and the like ... of synthetic textile materials" under heading 6704, HTSUSA.

Heading 5609, HTSUSA, is not the appropriate classification for these articles because the hair-swatch displays are not articles of yarn, strip or the like and are provided for more specifically in heading 6704, HTSUSA.

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The subject merchandise of both HRL 085871 and NYRL 865545 is classifiable under subheading 6704.19.0000, HTSUSA, which provides for wigs, false beards, eyebrows and eyelshes, switches and the like ... of synthetic textile materials: other, dutiable at a rate of 2.8% ad valorem. There is no textile visa category associated with this classification at this time.

In order to ensure uniformity in Customs' classification of this merchandise and eliminate uncertainty, pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1), HRL 085871 and NYRL 865545 are revoked to reflect the above classification effective with the date of this letter. If, after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you may have with respect to this matter. Any submission you wish to make should be received within 30 days of the date of this letter.

This revocation is not retroactive. However, HRL 085871 and NYRL 865545 will not be valid for importations of the subject merchandise arriving in the United States after the date of this notice. We recognize that pending transactions may be adversely affected (i.e., merchandise previously ordered and arriving in the United States subsequent to this revocation will be classified accordingly). If it can be shown that you relied on either ruling to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other agencies.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification), and the restraint (quota/visa) categories, your client should contact its local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division