CLA-2-62:RR:NC:3:353 C88287
Mr. Louis S. Shoichet
Mr. Luis A. Abad
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
43rd Floor
New York, NY 10036-8901
RE: The tariff classification of a polyester wrist bracelet from China.
Dear Mr. Shoichet and Mr. Abad:
In your letter dated May 22, 1998, on behalf of Avon Products, Inc., you
requested a classification ruling. A sample of the item was provided and is
being returned at your request.
The item is a "W.W.J.D. Bracelet" style PP175499 constructed of red 100%
woven polyester material. It is approximately 8 3/4" in length x 1/2" in width,
features a clear plastic loop buckle and the letters "W.W.J.D." embroidered in
white stitching.
Your office contends that the item is properly classified under heading
6307 as an "Other made up textile article" rather than under heading 6217 as an
"Other made up clothing accessory." You contend that Headquarter's ruling
955385 classifying textile wrist bracelets under heading 6217 is in error
because textile wrist bracelets are not clothing accessories.
Customs has long held that textile bracelets can be considered clothing
accessories. Customs clearly stated its reasoning as to why textile bracelets
can be considered accessories in ruling HQ 955385 where classification under
6217 or 6307 was at issue. Customs applied GRI 1, using the terms of the
headings, to classify the textile bracelet under 6217. In addition, in rulings
HQ 086609 (classification of a cord bracelet) and HQ 088332 (classification of a
yarn bracelet), textile bracelets were judged to be classifiable under two
headings, 5609 as an "Article of cordage" and 6217 as "Other made up clothing
accessories." In both instances Customs used GRI 2(a) to classify under the
heading with the more specific description which was "an article of cordage."
In each of these rulings, Customs did not exclude the textile bracelet from
consideration of being classified as a clothing accessory.
It is clear that Customs considers textile bracelets as classifiable under
headings 6117 or 6217. Textile bracelets have been classified as "Other made up
clothing accessories" in rulings NY 858606, NY 813620, NY C80969, PD C81775 and
PD C81174.
The applicable subheading for the "W.W.J.D. Bracelet" style PP175499 will
be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which
provides for "Other made up clothing accessories; parts of garments or of
clothing accessories, other than those of heading 6212: Accessories: Other:
Other...Of man-made fibers." The duty rate will be 15.1% ad valorem.
The "W.W.J.D. Bracelet" style PP175499 falls within textile category
designation 659. Based upon international textile trade agreements products of
China are subject to quota and the requirement of a visa.
The designated textile and apparel categories may be subdivided into parts.
If so, visa and quota requirements applicable to the subject merchandise may be
affected. 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.
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be
provided with the entry documents filed at the time this merchandise is
imported. If you have any questions regarding the ruling, contact National
Import Specialist Kenneth Reidlinger at 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division