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HQ 965627

July 3, 2002

CLA-2 RR:CR:TE 965627 BAS


TARIFF NO.: 6117.80.8500

Ms. Rita Pitts
Dillard’s, Inc.

1600 Cantrell Road

Little Rock, AR 72201

RE: Revocation by operation of law of NY G89477, August 30, 2001; Classification of knit headband used for warmth

Dear Ms. Pitts:

In New York Ruling Letter (NY) G89477, issued April 30, 2001, you were advised that a knit headband designed for warmth and identified by Style Number SBB0132, was classified in subheading 6117.80.9540, HTSUSA, the provision for “Other made up clothing accessories: Other, Other: Of man-made fibers: Other.”

In Becker Glove International, Inc. v. United States, Slip. Op. 02-55, decided June 18, 2002 (hereinafter Becker Glove), the Court of International Trade (CIT) considered the classification of goods similar to Style Number SBB0132. While headbands used to hold hair in place have generally been classified under subheading 6117.80.85, as “headbands, ponytail holders and similar articles,” Customs had previously classified headbands that provide warmth under 6117.80.9540, HTSUSA, the residual “other” category. In Becker Glove, the Court found that the term “headband” in subheading 6117.80.85, HTSUSA, does not exclude headbands designed to provide warmth. Thus, the Court held that because the eo nomine provision of subheading 6117.80.8500, HTSUSA includes “headbands,” and the subject merchandise is commonly and commercially known as headbands, the proper classification of the subject merchandise is subheading 6117.80.85, HTSUSA.

This letter is sent to you as a courtesy to advise you that this office is in agreement with the rationale of the CIT in Becker Glove (copy attached), and that rulings issued by Customs under the provisions of 19 CFR 174 or 177, that are inconsistent with the principles of the Becker Glove decision are revoked or modified by operation of law. In this instance, by operation of law, the Becker Glove case modified NY G89477 with respect to Style Number SBB0132, which is classified in subheading 6117.80.85, HTSUSA, the provision for “Other made up clothing accessories, knitted or crocheted: knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Headbands, ponytail holders and similar articles.”

Under the Customs Modernization provisions of the NAFTA Implementation Act, it is the responsibility of the importer to classify and appraise the merchandise. The U.S. Customs Service, although under no obligation to inform you of the foregoing, is in the spirit of informed compliance notifying you of the consequences of the Becker Glove case. This letter and attachment should be brought to the attention of Customs when entry is made for your merchandise, either by referencing this ruling letter and attachment or by providing a copy.


John E. Elkins

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