HQ 087423: Eye shade; request for modification of New York Ruling Letter (NYRL) 851144; classified as other made up garment, not other clothing accessory

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 087423

                                   October 12, 1990




            CLA-2 CO:R:C:G 087423 DRR

            CATEGORY: Classification

            TARIFF NO.: 6307.90.9590

            Mr. Steve Liptak
            Inter-Maritime Forwarding, Co., Inc.
            156 William Street
            New York, New York 10036

            Re:  Eye shade; request for modification of New York Ruling
                 Letter (NYRL) 851144; classified as other made up
                 garment, not other clothing accessory

            Dear Mr. Liptak:

                 This is in reference to your letter dated April 11, 1990,
            requesting the modification of ruling letter 851144, dated
            April 23, 1990.

            FACTS:

                 The merchandise at issue is a rayon eye shade.  A sample
            was submitted to our New York Regional Office for examination,
            but was not forwarded to headquarters.  The eye shade is
            intended to be worn over the eyes to darken the environment
            and thereby facilitate sleep.  New York Ruling letter (NYRL)
            851144, dated April 23, 1990, classified the eye shade under
            subheading 6217.10.0030, HTSUSA, with a duty rate of 15.5
            percent ad valorem and subject to visa category 659.  In your
            request for reconsideration, you state that the eye shade is
            not an item of apparel and is more correctly classified under
            Heading 6307.

            ISSUE:

                 Whether the garment at issue is classifiable in
            subheading 6217.10.0030, HTSUSA, or subheading 6307.90.9050,
            HTSUSA.

















                                         - 2 -


            LAW AND ANALYSIS:

                 Classification of merchandise 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 6217, HTSUSA, provides for, among other
            things, other made up clothing accessories.  The Fashion
            Dictionary, by Mary Brooks Picken (3rd edition, at page 1),
            defines accessory as an article of apparel that completes the
            costume such as shoes, gloves, hats, bags, jewelry, neckwear,
            belts, boutonnieres, scarves.  The eye shade in question is
            not an accessory for the purposes of Heading 6217 because it
            does not complete an outfit, and, indeed, could be worn alone.
            Furthermore, in light of the fact that the eye shade is
            designed to completely obscure the field of vision, rather
            than reduce the amount of light perceived, it effectively
            immobilizes the wearer.  The function and purpose of the eye
            shade are therefore entirely different from those of a
            clothing accessory.

                 Heading 6307, provides for other made up articles, which
            are not more specifically provided elsewhere.  Subheading
            6307.90.9590, provides for other made up articles, ..., other,
            other, other.

            HOLDING:

                 The eye shade in question is classified under subheading
            6307.90.9590, HTSUSA, with a duty rate of 7 percent ad
            valorem.

                 Due to the changeable nature of the statistical
            annotation and the restraint (quota/visa) categories
            applicable to textile merchandise, you should contact your
            local Customs office prior to importation of this merchandise
            to determine the current status of any import restraints or
            requirements.

                 Pursuant to 19 CFR section 177.9(d), NYRL 851144 is
            hereby modified in accordance with the foregoing.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division












            6 cc: A.DS. N.Y., Seaport
            1 cc: Los Angeles DD
            DRRimmer library/peh
            name: 087163