HQ 087859: Knit Hood Wrap

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 087859
                      November 30, 1990



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

CATEGORY:  Classification

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).

FACTS:

     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.

ISSUE:

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

LAW AND ANALYSIS:

     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.

HOLDING:

     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.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Operations Division