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					                                 HQ 087101

                               June 22, 1990



CLA-2 CO:R:C:G 087101 CRS

CATEGORY:     Classification

TARIFF NO.:     6212.90.0030

Mr. J.M. Abrahams
President
Phil Patterson, Inc.
228 Aquila Court
Omaha, Nebraska 68102

RE:   Arm Garter; Modification of NYRL 839201

Dear Mr. Abrahams:

     This is in reply to your letter dated March 21, 1990, to our
New York office, concerning New York Ruling Letter (NYRL) 839201,
and the classification of garters under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). A sample was
not submitted.

FACTS:

     The article at issue is an elasticized arm band worn over a
shirt sleeve to regulate its length. It is known variously as an
arm garter or sleeve garter.

     In NYRL 833554 dated November 28, 1988, a red garter of man-
made fibers was classified in subheading 6212.90.0030, HTSUSA.

     However, in NYRL 839201 dated April 19, 1989, a red satin
elastic arm band to which was attached a tin button with the face
of a cartoon animal and a red ribbon with a humorous message, was
classified in subheading 6217.10.0030, HTSUSA, under the
provision for other made up clothing accessories, of man-made
fibers.

ISSUE:

     Whether arm garters are classifiable in heading 6212 or
heading 6217, HTSUSA.


LAW AND ANALYSIS:
     Articles are classified under the HTSUSA in accordance with
the General Rules of Interpretation (GRIs). GRI 1 provides that
the classification of articles is determined according to the
terms of the headings and any relative section or chapter notes
and, provided the headings or notes do not otherwise require,
according to the remaining GRIs taken in order.

     Heading 6212, HTSUSA, covers garters and similar articles,
whether or not knitted or crocheted. The Explanatory Notes,
which constitute the official interpretation of the Harmonized
System at the international level (four and six digits) provide
in pertinent part at EN 62.12 that heading includes, inter alia:

     (5)   Suspender-belts, hygienic belts, suspensory bandages,
           suspender jock-straps, braces, suspenders, garters,
           shirt-sleeve supporting bands and armlets.

          All the above articles may be furnished with trimmings
     of various kinds (ribbons, lace, etc.), and may incorporate
     fittings and accessories of non-textile materials (e.g.,
     metal, rubber, plastics or leather).

Heading 6212 specifically refers to garters; consequently,
garters are classifiable in heading 6212 rather than as an other
made up clothing accessory of heading 6217.

HOLDING:

     Arm bands or arm garters are classifiable in subheading
6212.90.0030, HTSUSA, under the provision for brassieres,
girdles...garters and similar articles and parts thereof, whether
or not knitted or crocheted, other, of man-made fibers or man-
made fibers and rubber or plastics and are dutiable at 7 percent
ad valorem. The textile category is 659.

     Pursuant to section 177.9, Customs Regulations (19 CFR
177.9), NYRL 839201 dated April 19, 1990, is modified in
conformity with the foregoing.

     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 internal
issuance of the U.S. Customs Service, which 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, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,




John Durant, Director
Commercial Rulings Division

				
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