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HQ 087859

November 30, 1990

CLA-2 CO:R:C:G 087859 JS


TARIFF NO.: 6505.90.6080

Mr. Yun K. Kim
Y.K. International, Inc.
3246 West Montrose Avenue
Chicago, Illinois 60618

RE: Knit Hood Wrap

Dear Mr. Kim:

This is in reference to your letter of July 31, 1990, requesting classification of a hooded scarf under the Harmonized Tariff Schedule of the United States (HTSUSA).


The merchandise at issue is a 100 percent acrylic knit item measuring approximately 64 inches in length and 10 inches in width. This material is folded in half and has a curved seam 10 inches down the midpoint of one side of the scarf. This construction forms a hood which is shaped to securely fit the head. The remaining scarf ends may be wrapped around the neck or body in the manner desired.


Whether the item at issue is a scarf or a hood for purposes of classification under the HTSUSA.


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), 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.

Heading 6505, HTSUSA, provides for knitted hats and other headgear. The Explanatory Notes (EN), which constitute the official interpretation of the nomenclature at the international level, state that this heading includes hoods (EN 65.05(9)). Webster's II New Riverside University Dictionary (1984) defines hood as "a loose pliable covering for the head and neck, either separate or attached to a garment, as a jacket or robe."

The garment at issue conforms to the description above and is specifically provided for by EN 65.05. See, HQ 085204 (October 10, 1990) and HQ 085090 (October 11, 1990)(hood-scarves classified as hats and other headgear of heading 6505, HTSUSA).

The strategically placed stitching of the item's center seam transforms what would otherwise be a scarf into distinctive headgear. The long scarf-ends that extend from the hood are no longer used just to protect the neck and chest from the elements; they ensure that the hood securely covers the head by being tied or wrapped around the neck. And, although the "scarf" may conceivably be worn solely around the neck or shoulders, it would be too bulky for comfort. Such use would, in this case, be considered fugitive. Therefore, despite the clearly identifiable origin of the subject good, i.e. a scarf, the subsequent alterations of that scarf has resulted in what is, unmistakeably, headgear.


The merchandise at issue is classified under subheading 6505.90.6080, HTSUSA, which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair nets of any material, whether or not lined or trimmed: other: of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not in part of braid, other: other, dutiable at a rate of 39.7 cents per kilogram and 14.1 percent ad valorem.

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 issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current applicability of any import restraints or requirements.


John Durant, Director
Commercial Operations Division

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