United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0088313 - HQ 0088380 > HQ 0088332

Previous Ruling Next Ruling

HQ 088332

March 19, 1991

CLA-2 CO:R:C:T 088332 JS


TARIFF NO.: 5609.00.1000

Marty Langtry
Castelazo & Associates
5420 West 104th Street
Los Angeles, CA 90045

RE: Modification of HQ 086975; Textile Bracelet; Article of Yarn

Dear Mr. Langtry:

Headquarters Ruling Letter (HRL) 086975, issued to you on behalf of Pangea Imports on July 24, 1990, classified a textile bracelet as a clothing accessory under heading 6217 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Upon further review, we determine that ruling to be in error.


Although no sample was provided with the present request, the merchandise at issue has been previously inspected by Customs; thus, the description contained in HRL 086975 will suffice in this instance.

In your letter of November 14, 1990, you request reconsideration of the above ruling and submit various arguments on behalf of classification within headings 7117, or in the alternative, heading 5609, HTSUSA. With regard to Chapter 71 Note 3(f), you state your belief that textile articles are not necessarily articles of Section XI, and should not, therefore, be excluded from this chapter.


Whether textile bracelets are considered clothing accessories of heading 6217, HTSUSA, articles of yarn of heading 5609, HTSUSA, or jewelry of heading 7117, 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 relevant section or chapter notes.

Although classification of the present item as a bracelet of heading 7117, HTSUSA, seems, at least, prima facie logical, Chapter Note 3(f) expressly bars goods of Section XI (textiles and textile articles). This means that all textiles and textile articles are excluded from Chapter 71 because such textiles and articles thereof are, ipso facto, articles of Section XI. We thus reiterate that, since the friendship bracelet is made of cotton textile, it may not be considered for classification within heading 7117, HTSUSA.

The remaining issue is whether this article, which is used as a bracelet, may be considered "other made up clothing accessories" of heading 6217, HTSUSA. The Explanatory Notes (EN), the official interpretation of the tariff at the international level, state that heading 6217 covers made up textile clothing accessories...not specified or included in other headings of this Chapter or elsewhere in the Nomenclature. In addition, it provides a list of examples that include items such as belts, collars, pockets, lanyards, etc.

Although a bracelet may be likened to a lanyard, GRI 2(a) provides that when goods are classifiable under two headings, the more specific description shall be preferred to the more general description. It is Customs position that the term "an article of cordage" describes the subject merchandise more specifically than the term "other made up clothing accessories." Therefore, pursuant to GRI 2(a), the subject merchandise is properly classified in heading 5609, HTSUSA, as an article of yarn.

Heading 5609, HTSUSA, provides for, inter alia, articles of yarn. EN 56.09 states that this heading covers articles of the yarns of Chapters 50 to 55, as well as yarns, cordage, rope, etc., cut to length and looped at one or both ends, or fitted with tags, rings, hooks, etc. The bracelet at issue is formed by cutting lengths of yarn which are twisted or braided, and looped at one end. Since cotton is encompassed by Chapter 52 and the present article is constructed in the manner of the cordage or rope described by the terms of this heading, classification of the present merchandise in heading 5609, HTSUSA, is appropriate.


Classification of the bracelet at issue is classified under heading 5609.00.1000, HTSUSA, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine cordage, rope or cables, not elsewhere specified or included: of cotton, dutiable at the rate of 5.8 percent ad valorem.

In order to assure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying HRL 086975 to reflect the above classification effective with the date of this letter. However, if after your review, you disagree with the legal basis for our decision, we invite you to submit any argument you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

HRL 086975 is modified accordingly pursuant to 19 CFR 177.9(d). This modification is not to be applied retroactively to HRL 086975 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification was requested, HRL 086975 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importation arriving at a port subsequent to the release of HRL 086975 will be classified under this ruling. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

The designated textile and apparel category may be subdivided into parts. If so, the 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 your client check, close 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 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, your client should contact its local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Operations Division

Previous Ruling Next Ruling

See also: