What Every Member of the 

Trade Community Should Know About: 

Eyewear Frames and 

Eyewear 

AN INFORMED COMPLIANCE PUBLICATION 

APRIL 2009
Eyewear Frames and Eyewear 

April 2009 

NOTICE:

This publication is intended to provide guidance and information to the trade community. 

It reflects the position on or interpretation of the applicable laws or regulations by U.S. 

Customs and Border Protection (CBP) as of the date of publication, which is shown on 

the front cover. It does not in any way replace or supersede those laws or regulations. 

Only the latest official version of the laws or regulations is authoritative. 

Publication History 

First Published: January 2008 

Revised April 2009 

PRINTING NOTE: 

This publication was designed for electronic distribution via the CBP website 

(http://www.cbp.gov) and is being distributed in a variety of formats. It was originally set 

up in Microsoft Word 2003®. Pagination and margins in downloaded versions may vary 

depending upon which word processor or printer you use. If you wish to maintain the 

original settings, you may wish to download the .pdf version, which can then be printed 

using the freely available Adobe Acrobat Reader®. 

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Eyewear Frames and Eyewear 

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PREFACE 

On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation 

Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act, 

became effective. These provisions amended many sections of the Tariff Act of 1930 and 

related laws. 

Two new concepts that emerge from the Mod Act are “informed compliance” and “shared 

responsibility,” which are premised on the idea that in order to maximize voluntary compliance 

with laws and regulations of U.S. Customs and Border Protection, the trade community needs to 

be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a 

greater obligation on CBP to provide the public with improved information concerning the trade 

community's rights and responsibilities under customs regulations and related laws. In addition, 

both the trade and U.S. Customs and Border Protection share responsibility for carrying out 

these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C. 

1484), the importer of record is responsible for using reasonable care to enter, classify and 

determine the value of imported merchandise and to provide any other information necessary to 

enable U.S. Customs and Border Protection to properly assess duties, collect accurate 

statistics, and determine whether other applicable legal requirements, if any, have been met. 

CBP is then responsible for fixing the final classification and value of the merchandise. An 

importer of record’s failure to exercise reasonable care could delay release of the merchandise 

and, in some cases, could result in the imposition of penalties. 

Regulations and Rulings (RR) of the Office of International Trade has been given a major role in 

meeting the informed compliance responsibilities of U.S. Customs and Border Protection. In 

order to provide information to the public, CBP has issued a series of informed compliance 

publications on new or revised requirements, regulations or procedures, and a variety of 

classification and valuation issues. 

This publication, prepared by the National Commodity Specialist Division of Regulations and 

Rulings is entitled “Eyewear Frames and Eyewear”. It provides guidance regarding the 

classification and marking of these items. We sincerely hope that this material, together with 

seminars and increased access to rulings of U.S. Customs and Border Protection, will help the 

trade community to improve voluntary compliance with customs laws and to understand the 

relevant administrative processes. 

The material in this publication is provided for general information purposes only. Because 

many complicated factors can be involved in customs issues, an importer may wish to obtain a 

ruling under Regulations of U.S. Customs and Border Protection, 19 C.F.R. Part 177, or to 

obtain advice from an expert who specializes in customs matters, for example, a licensed 

customs broker, attorney or consultant. 

Comments and suggestions are welcomed and should be addressed to the Executive Director, 

Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 

1300 Pennsylvania Avenue, NW, (Mint Annex), Washington, D.C. 20229. 

Sandra L. Bell 

Executive Director, Regulations and Rulings 

Office of International Trade 

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INTRODUCTION..........................................................................................7

HEADINGS 9003 AND 9004 AND THE APPLICABLE EXPLANATORY 

NOTES FOR HEADINGS 9003 AND 9004 .................................................7

PHYSICAL DESCRIPTION OF THE PARTS OF EYEWEAR FRAMES OF 

HEADING 9003............................................................................................9

PHYSICAL DESCRIPTION OF EYEWEAR OF HEADING 9004..............10

GOODS CLASSIFIED UNDER HEADING 9004, SPECTACLES, 

GOGGLES AND THE LIKE, CORRECTIVE, PROTECTIVE OR OTHER 10

SECTION 304 MARKING UNDER HEADING 9003..................................11

SECTION 304 MARKING UNDER HEADING 9004..................................12

GOODS EXCLUDED FROM CLASSIFICATION UNDER HEADING 9004

...................................................................................................................12

OTHER AGENCY REQUIREMENTS ........................................................13

CLASSIFICATION OF EYEWEAR FRAMES AND EYEWEAR IMPORTED 

WITH FITTED EYEGLASS CASES ..........................................................14

ACCESSORIES TO EYEGLASSES..........................................................15

IMPORTER’S RESPONSIBILITY..............................................................15

ADDITIONAL INFORMATION...................................................................16

The Internet................................................................................................................ 16

Customs Regulations ................................................................................................. 16

Customs Bulletin ........................................................................................................ 16

Importing into the United States ................................................................................. 17

Informed Compliance Publications............................................................................. 17

Value Publications...................................................................................................... 18

“Your Comments are Important”................................................................................. 19

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Classification of Eyewear Frames and Eyewear 

Headings 9003 and 9004, HTSUS 

INTRODUCTION 

 Heading 9003 of the Harmonized Tariff Schedule of the United States (HTSUS) 

provides for “[f]rames and mountings for spectacles, goggles or the like, and parts 

thereof,” and heading 9004, HTSUS, provides for “[s]pectacles, goggles and the like, 

corrective, protective or other.” 

Heading 9003, HTSUS, frames and mountings for spectacles, goggles and 

similar goods, along with the optical elements, including lenses and filter elements, of 

heading 9001, HTSUS, form the goods of heading 9004. The general term for the 

goods of headings 9003 and 9004 is eyewear, which includes corrective eyewear such 

as prescription eyeglasses, prescription sunglasses, and reading glasses; nonprescription sunglasses; and protective goggles such as welding goggles and swim 

goggles. 

 

HEADINGS 9003 AND 9004 AND THE APPLICABLE EXPLANATORY 

NOTES FOR HEADINGS 9003 AND 9004 

 The Explanatory Notes for heading 9003, HTSUS, which provides for “[f]rames 

and mountings for spectacles, goggles or the like, and parts thereof,” state that this 

heading provides for “frames and mountings, and parts thereof, for the spectacles or 

other articles of heading 90.04. . . .They are generally of base metal, precious metal, 

metal clad with precious metal, plastics, tortoise-shell or mother-of-pearl. They may 

also be made of leather, rubber or fabric. . . .” 

 Heading 9003 in the HTSUS has breakouts for frames and mountings of plastics 

under subheading 9003.11.0000, HTSUS, and of other materials under subheading 

9003.19.0000, HTSUS. Parts of frames and mountings are classified under subheading 

9003.90.0000, HTSUS. Commercial invoices of frames and mountings for spectacles, 

goggles and the like should include the material composition of the articles. 

Plastic frames are generally made of cellulose propionate or cellulose acetate 

(called ZYL). Metal fronts are sometimes combined with plastic temples (sidepieces), or 

plastic fronts with metal temples (sidepieces), to form a composite eyewear frame. 

Eyeglass frames with frame fronts composed of metal and temples composed of plastic 

and eyeglass frames with frame fronts composed of plastic and temples composed of 

metal are classified based upon the composition of the frame fronts. See New York 

Ruling (NY) H81652, dated May 30, 2001. 

Metal frames are made of various metals including monel, which is an alloy 

composed of nickel and copper; titanium, which is lightweight and very durable; titanium 

alloys; and stainless steel. Precious metal frames are generally made of 14 karat gold, 

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Eyewear Frames and Eyewear 

April 2009 

which is 58.3 percent gold or 18 karat gold which is 75 percent gold. Inexpensive 

metals can be electroplated with more expensive metals such as gold or silver. Gold 

plated and silver plated metal frames have a very thin layer of gold or silver on the 

surface of the base metal. 

Other materials used to make eyewear frames include leather (which can be 

wrapped around the temples of the frames), shell, and bone. 

 Parts of frames include the spectacle sidepieces and sidepiece cores, hinges or 

joints, eye-rims, bridges, nosepieces, and spring hinge devices. Certain parts of 

eyewear frames, for example, screws of base metal and springs of base metal, are not 

classified as parts of mountings but fall in their own respective headings in the 

Harmonized Tariff Schedule. Chapter 90, HTSUS, note 1(f) regarding parts of general 

use is noted. 

 The Explanatory Notes for heading 9004, HTSUS, which provides for 

“[s]pectacles, goggles and the like, corrective, protective or other,” indicate that this 

heading provides for “articles for use in front of the eyes, generally intended either to 

correct certain defects of vision or to protect the eyes against dust, smoke, gas, etc., or 

dazzle[.]” We interpret dazzle to mean bright light, for example, as reflected off surfaces 

such as water or glass. Also covered in heading 9004, HTSUS, are 3-D glasses, which 

are spectacles for viewing stereoscopic (three dimensional) pictures. 

Heading 9004 in the HTSUS has breakouts for sunglasses under subheading 

9004.10.0000, HTSUS, and other spectacles, goggles and the like under subheading 

9004.90.0000, HTSUS. The commercial invoices for shipments of spectacles, goggles 

and the like should provide a full description of the imported articles. In general, 

spectacles used for correcting vision have optical lenses composed of either glass or 

plastic. Protective spectacles and goggles generally consist of plane or curved discs of 

ordinary glass (whether or not optically worked, or tinted), of safety glass, of plastics, of 

mica, or of metal (metal mesh or metal slotted plates). 

Protective spectacles and goggles include sunglasses, glasses used for 

mountaineering or winter sports, goggles for airmen, motorists, motor-cyclists, chemists, 

welders, foundry workers, etc. Also included are swim goggles. Protective spectacles 

and goggles, usually referred to as safety eyewear, may also contain prescription 

lenses. 

 

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PHYSICAL DESCRIPTION OF THE PARTS OF EYEWEAR FRAMES OF 

HEADING 9003 

As stated above, eyewear frames can be made of metal, plastics, and other 

materials. Whether the frames are used in prescription eyewear, non-prescription 

sunglasses or over-the-counter reading glasses, they contain the following parts: 

Fronts: Fronts are the part of the frame that holds the lenses. 

Temples: Temples, also called sidepieces, come in pairs; these are the part of 

the frame that goes along the side on the head. 

Temple tips: Temple tips attach to the end of the temples to make the temples 

more comfortable for the wearer. 

Bridge: The part of the frame that extends over the nose. 

Hinges: The hinges hold the temples to the fronts of eyewear frames. One type 

of hinge is the spring hinge. The spring hinge allows the temples to flex slightly 

outward without breaking the frame. 

Nose Pads: Nose pads are generally used with metal frames to cushion the part 

of the frame that rests on the nose of the wearer. 

Lens Rims: The part of the frame that holds the lenses in place. 

Demo Lenses: Demo lenses are demonstration lenses. These are plastic lenses 

that imitate prescription eyewear lenses. Often the frames are shown to the retail 

customer with the demo lenses in the frame, in order to give the buyer a better 

idea of how the frames will look with lenses inserted. Sometimes the demo 

lenses are tinted. But, demo lenses are not intended to be worn with the frames 

in everyday use. 

Frames used in eyewear have standardized size measurements to help fit the 

frames appropriately for the consumer. Size 48-19-140 is an example. The first 

number, 48, represents the size of the lenses that will be fit into the frames. The 

second number, 19, is the bridge size, which relates to the frame fitting the nose of the 

wearer. The third number is the temple (sidepiece) length. 

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PHYSICAL DESCRIPTION OF EYEWEAR OF HEADING 9004 

 Heading 9004, HTSUS, provides for complete articles consisting of the frames 

and mountings and the lenses. Lenses are generally made of glass or plastic. Items 

classified in heading 9004, HTSUS, are intended for protection of the eyes or for 

correction of vision problems. Some provide both protection and correction, for 

example, prescription safety eyeglasses. Examples of goods that are classified under 

heading 9004, HTSUS, are reading glasses, sunglasses and safety glasses. 

GOODS CLASSIFIED UNDER HEADING 9003, FRAMES and MOUNTINGS for 

SPECTACLES, GOGGLES or the LIKE, and PARTS THEREOF 

 Frames of plastic, metal or any other material, imported without lenses, are 

classified in heading 9003, HTSUS. Frames imported with demo lenses are also 

classified under heading 9003, HTSUS, because the demo lenses are demonstration 

lenses, not permanent lenses. 

Clip-on frames are designed and sized to fit over an eyeglass frame, eliminating 

the need for a separate pair of eyeglasses. In NY K83940, dated April 1, 2004, a clipon sunglass frame composed of metal, and imported without lenses, was classified in 

subheading 9003.19.0000, HTSUS, which provides for other frames. 

Eyeglass frames imported with clear plastic demo lenses inserted into the frame 

fronts and imported with clip-on sunglasses were classified in subheading 

9003.19.0000, HTSUS, as other frames. The imported prescription eyewear frames 

with demo lenses, and the clip-on sunglasses with non-prescription lenses, were 

considered to be composite goods with the essential character imparted by the 

prescription eyewear frames. (See New York Ruling B80079, dated January 7, 1997.) 

GOODS CLASSIFIED UNDER HEADING 9004, SPECTACLES, 

GOGGLES AND THE LIKE, CORRECTIVE, PROTECTIVE OR OTHER 

 Reading glasses of the type purchased in retail stores such as drug stores or 

variety stores are classified under heading 9004, HTSUS. Generally, reading glasses 

are available in strengths from + 1 through + 2.50 magnification. They are classified 

under subheading 9004.90.0000, HTSUS. 

Prescription sunglasses, non-prescription sunglasses, reading sunglasses 

(sunglasses with magnification lenses) and clip-on sunglasses are classified under 

heading 9004, HTSUS. All contain tinted lenses designed to protect the eyes from 

ultraviolet radiation. They are classified under subheading 9004.10.0000, HTSUS. 

 

 Goggles and safety glasses are classified under heading 9004, HTSUS. For 

example, in Headquarters Ruling (HQ) 957827, dated July 18, 1995, CBP classified 

goggles designed to protect the wearer’s eyes from smoke and toxic gases which 

featured wide-angle lenses and a headband. The lenses of the goggles were made of 

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high-grade optics with an anti-scratch coating on the outside surface and an anti-fog 

coating on the inside surface, and they were designed to fit over prescription 

eyeglasses. The goggles were classified under subheading 9004.90.0000, HTSUS. 

 Clip-on sunglasses are sunglasses without temples. They generally have built-in 

prongs for attachment to eyeglasses and are classified under subheading 9004.10.00, 

HTSUS. (See NY K89704, dated October 19, 2004.) 

 Clip-on magnifiers are magnifying eyeglasses that attach to eyeglasses or to 

sunglasses by means of built-in prongs or by other means. They are intended for use in 

close work such as reading maps, sewing or doing craft projects. The clip-on 

magnifiers are classified under subheading 9004.90.00, HTSUS, which provides for 

spectacles, goggles and the like. (See NY E89992, dated December 8, 1999.) 

SECTION 304 MARKING UNDER HEADING 9003 

 Section 304 of the Tariff act of 1930, as amended (19 U.S.C. 1304), provides 

that, unless excepted, every article of foreign origin imported into the United States shall 

be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of 

the article (or its container) will permit, in such a manner as to indicate to the ultimate 

purchaser in the United States the English name of the country of origin of the article. 

Part 134 of the Customs and Border Protection (CBP) Regulations implements the 

country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided 

in section 134.41(b), CBP Regulations (19 CFR 134.41(b)), the country of origin 

marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find 

the marking easily and read it without strain. With regard to the permanency of a 

marking, section 134.41(a), CBP Regulations (19 CFR 134.41(a)), provides as a 

general rule marking requirements are best met by marking worked into the article at 

the time of manufacture. 

 Treasury Decision 74-38 (January 22, 1974; 39 FR 2470), set forth the 

requirements for marking of eyeglass and sunglass frames. “Notice is hereby given that 

imported eyeglass and sunglass frames, whether assembled or unassembled, must be 

so marked by means of die stamping in a contrasting color, by raised lettering, by 

engraving, or by some other method producing a permanent mark. The marking must 

be legible and conspicuous and must clearly indicate the country of origin to the ultimate 

purchaser in the United States....” Generally, the marking “Frame Made in (country of 

origin)” or “Frame (country of origin)” on one of the temples of the frame is considered 

an acceptable marking for eyeglass and sunglass frames. 

 

 Section 134.32(m), CBP Regulations (19 CFR 134.32(m)) excepts from country 

of origin marking products of the United States. Rulings have been issued stating that 

eyewear produced in the United States that is exported and returned to the United 

States is generally not subject to country of origin marking, unless it is substantially 

transformed in a foreign country. In HQ 733693, dated October 17, 1990, frame fronts 

of eyewear were not substantially transformed in the foreign country and were 

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considered to be products of the United States exported and returned pursuant to 19 

CFR 134.32(m). The returning frames were not required to be marked with the country 

of origin for the purposes of 19 U.S.C. 1304. 

Regarding whether a product can be imported with the marking “Made in U.S.A.”, 

the Federal Trade Commission, not CBP, has jurisdiction over whether or not goods can 

be marked “Made in U.S.A.” 

 

SECTION 304 MARKING UNDER HEADING 9004 

 As stated above, Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) provides 

that, unless excepted, every article of foreign origin imported into the United States shall 

be marked in accordance with Section 304 of the Tariff Act of 1930, as amended. 

In some cases, complete prescription eyewear consisting of the frames and the 

prescription lenses are shipped into the United States. CBP has ruled for marking 

purposes that ordinary personal prescription eyewear consists of frames and lenses, 

neither of which lose their separate identity when they are combined. The optical 

laboratories or optical houses are not the ultimate purchaser of the lenses or of the 

frames. The wearer is the ultimate purchaser of the eyewear and is entitled to all 

relevant product information including the country of origin information. (See HQ 

557996, dated October 8, 1997, which references HQ 730963.) 

Non-prescription sunglasses may be marked with the country of origin by die 

stamping, silk screening or by raised lettering, or in any manner to produce a permanent 

country of origin marking. However, non-prescription sunglasses may also be marked 

by means of self-adhesive labels or hand tags which are attached to the sunglasses 

securely enough to remain with the sunglasses until the sunglasses reach the ultimate 

purchaser in the United States. 

GOODS EXCLUDED FROM CLASSIFICATION UNDER HEADING 9004 

 Goods classified under heading 9004, HTSUS, are those that cover the eyes and 

either protect the eyes or correct the vision of the wearer. Ski goggles, as an example, 

protect the eyes of the wearer from wind, snow, debris, etc., and are provided for under 

heading 9004, HTSUS. 

Swim goggles, which protect the eyes of the wearer from chlorinated water or 

ocean water, are classified under heading 9004, HTSUS. Swim masks, used for scuba 

diving or snorkeling, which cover the eyes as well as the nose of the wearer, are not 

classified under heading 9004, HTSUS. Swim masks are classified under subheading 

9506.29.00, HTSUS, which is the provision for other water-sport equipment. (See NY 

D85049, dated December 14, 1998.) 

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 Welding goggles, worn to protect the eyes from sparks and from the extremely 

bright light produced by the welding torch, are classified under heading 9004, HTSUS. 

Welding face shields that cover the face of the wearer are not classified under heading 

9004. Welding face shields of plastic are classified under subheading 3926.90.9090, 

HTSUS, which provides for other articles of plastic. (See NY 877354, dated August 26, 

1992.) 

 Welding helmets with filter panels, worn to protect the eyes, the face, the neck, 

and the front of the head are not classified under heading 9004, HTSUS. Welding 

helmets consisting of the shell and the filter panels are classified under subheading 

6506.10.6075, HTSUS, which provides for other safety headgear, other. (See HQ 

967593, dated August 5, 2005.) 

 “Drunk and Dangerous” eyeglasses, designed to obscure the vision of the wearer 

to simulate being under the influence of alcohol or drugs, are not classified under 

heading 9004, HTSUS. The images viewed through the glasses are blurred and 

indistinct. These glasses are not classified under heading 9004, HTSUS, because they 

do not correct vision or protect the eyes of the wearer. The “Drunk and Dangerous” 

eyeglasses are classified under subheading 9023.00, HTSUS, which provides for 

instruments, apparatus and models designed for demonstrational purposes, unsuitable 

for other uses. (See NY D89885, dated May 7, 1999.) 

 Contact lenses, although worn to correct vision, are not classified under heading 

9004, HTSUS, because they do not meet the terms of the heading. Contact lenses are 

classified under heading 9001, HTSUS, which provides for optical elements, including 

lenses. Spectacle lenses, not mounted, are also classified under heading 9001, 

HTSUS, as optical elements. 

 Toy sunglasses are excluded from classification under heading 9004, HTSUS, as 

are some types of costume sunglasses. Toy sunglasses and costume sunglasses are 

classified in chapter 95, HTSUS. (See NY G88710, dated April 18, 2001, regarding 

costume sunglasses.) 

 

OTHER AGENCY REQUIREMENTS 

 

 Goods classified under subheadings 9004.10.0000, HTSUS, and 9004.90.0000, 

HTSUS, are subject to other agency requirements. The FD1 and FW1 forms may be 

required. The FD1 is a Food and Drug Administration clearance form and the FW1 is a 

Fish and Wildlife Notification form. 

 U.S. Food and Drug Administration, in order to protect the public from potential 

eye injury, requires that eyeglasses and sunglasses must be fitted with impact-resistant 

lenses, except when a physician or optometrist finds that impact-resistant lenses will not 

fulfill the visual requirements for a particular patient. Impact-resistant lenses must be 

capable of withstanding the impact test called the drop ball test. The impact test is 

described in Title 21, Food and Drugs, Part 801, Subpart H, Section 801.410. In the 

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impact test, a 5/8 inch steel ball weighing approximately 0.56 ounce is dropped from a 

height of 50 inches upon the horizontal upper surface of the lens. To pass the test, the 

lens must not fracture. CBP enforces this regulation at the time of importation. The 

FD1 form may be requested by CBP. 

CLASSIFICATION OF EYEWEAR FRAMES AND EYEWEAR IMPORTED 

WITH FITTED EYEGLASS CASES 

 Clip-on frames (without lenses) imported with fitted metal cases are classified as 

frames in heading 9003, HTSUS. In NY K83940, dated April 1, 2004, a metal case was 

designed specifically for the metal clip-on frame with which it was imported. The case 

was smaller in length and in depth than a case designed for a pair of eyeglasses or 

sunglasses. The case was suitable for long term use with the clip-on frame and was 

fitted or shaped for use with the clip-on frame. The clip-on frame and the metal case, 

imported together in equal numbers and entered on one entry, were classified under 

subheading 9003.19.0000, HTSUS. 

 Eyeglass frames imported with fitted cases are classified under heading 9003, 

HTSUS. GRI 5(a) states that “[c]amera cases, musical instrument cases, gun cases, 

drawing instrument cases, necklace cases and similar containers, specifically shaped or 

fitted to contain a specific article or set of articles, suitable for long-term use and entered 

with the articles for which they are intended, shall be classified with such articles when 

of a kind normally sold therewith.” When imported together in the same shipment 

containing equal numbers of eyeglass frames and cases, the frames and cases are 

classified under subheading 9003.11.00 if the frames are made of plastic or under 

subheading 9003.19.00 if the frames are made of other than plastic. 

 Sunglasses imported with fitted cases, when imported together in the same 

shipment containing equal numbers of sunglasses and cases, are classified under 

subheading 9004.10.00, HTSUS, which provides for sunglasses. 

 

 Fitted eyewear cases are cases that are shaped or fitted to fit the item that they 

are intended to hold. For example, fitted cases may be “hard” eyeglass cases which 

have a metal frame and an outer surface of reinforced or laminated plastics to which an 

inner lining has been glued or they may be “soft” eyeglass cases with double sided 

layers of plastic coated textile fabric. 

 Eyewear pouches, regardless of whether imported in quantities equal to the 

eyewear, are classified separately in the appropriate subheading under heading 4202, 

HTSUS, which provides for “trunks, suitcases, vanity cases,... articles of a kind normally 

carried in the pocket or in the handbag.” (See HQ 964443, dated May 14, 2001 and HQ 

963785, dated June 5, 2001 regarding eyeglass cases and eyeglass pouches.) 

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ACCESSORIES TO EYEGLASSES 

 There are no accessory subheadings in heading 9003, HTSUS, or heading 9004, 

HTSUS. Accordingly, if an accessory to eyewear is imported separately from the 

eyewear, it cannot be classified under headings 9003 or 9004, HTSUS. An example is 

eyeglass holders which are used to secure eyeglasses around one’s neck by means of 

a metal ring at each end to which is attached a plastic loop with an adjustable metal 

slide to fit various eyeglass temple sizes. Eyeglass holders are separately classified in 

the Harmonized Tariff Schedule of the United States if imported separately from the 

eyeglasses or sunglasses. 

The classification of separately imported eyeglass holders depends on the type 

of holder and its composition. For instance, an eyeglass holder consisting of two 

polyester braided cords was classified under heading 5609, HTSUS, 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 man-made fibers.” (See NY A87906, 

dated September 23, 1996.) Separately imported eyeglass holders composed of glass 

beads or stone beads were classified under heading 7117, HTSUS, which provides for 

imitation jewelry. (See NY K84913, dated April 2, 2004.) 

IMPORTER’S RESPONSIBILITY 

The legal burden of correctly classifying merchandise has shifted from CBP to 

the importer because of the Customs Modernization Act, which was enacted in 

December 1993. The importer also is responsible to provide an accurate description of 

the entered merchandise on the commercial invoice. A complete description is a 

description that allows the import specialist at the port of entry to verify the entered 

classification of the imported merchandise. The composition of the eyeglass frames 

(heading 9003) or of the complete eyeglasses or sunglasses (heading 9004) should be 

shown on the invoice. Also, the invoice should state if there are demonstration lenses 

in the eyeglass frames (heading 9003). Additionally, the type of lens, whether of glass 

or plastic, should be shown if the importation consists of complete eyeglasses or 

sunglasses (heading 9004). If there are cases imported with the eyeglass frames 

(heading 9003) or the complete eyeglasses or sunglasses (heading 9004), the cases 

should be described as to material composition and the style, for example, hard cases, 

soft cases, drawstring pouches, etc. 

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ADDITIONAL INFORMATION 

The Internet 

The home page of U.S. Customs and Border Protection on the Internet’s World Wide 

Web, provides the trade community with current, relevant information regarding CBP 

operations and items of special interest. The site posts information -- which includes 

proposed regulations, news releases, publications and notices, etc. -- that can be 

searched, read on-line, printed or downloaded to your personal computer. The web site 

was established as a trade-friendly mechanism to assist the importing and exporting 

community. The web site also links to the home pages of many other agencies whose 

importing or exporting regulations that U.S. Customs and Border Protection helps to 

enforce. The web site also contains a wealth of information of interest to a broader 

public than the trade community. For instance, the “Know Before You Go” publication 

and traveler awareness campaign is designed to help educate international travelers. 

 

The web address of U.S. Customs and Border Protection is http://www.cbp.gov

Customs Regulations 

The current edition of Customs and Border Protection Regulations of the United States 

is a loose-leaf, subscription publication available from the Superintendent of 

Documents, U.S. Government Printing Office, Washington, DC 20402; telephone (202) 

512-1800. A bound edition of Title 19, Code of Federal Regulations is also available for 

sale from the same address. All proposed and final regulations are published in the 

Federal Register, which is published daily by the Office of the Federal Register, National 

Archives and Records Administration, and distributed by the Superintendent of 

Documents. Information about on-line access to the Federal Register may be obtained 

by calling (202) 512-1530 between 7 a.m. and 5 p.m. Eastern time. These notices are 

also published in the weekly Customs Bulletin described below. 

Customs Bulletin 

The Customs Bulletin and Decisions (“Customs Bulletin”) is a weekly publication that 

contains decisions, rulings, regulatory proposals, notices and other information of 

interest to the trade community. It also contains decisions issued by the U.S. Court of 

International Trade, as well as customs-related decisions of the U.S. Court of Appeals 

for the Federal Circuit. Each year, the Government Printing Office publishes bound 

volumes of the Customs Bulletin. Subscriptions may be purchased from the 

Superintendent of Documents at the address and phone number listed above. 

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April 2009 

Importing into the United States 

This publication provides an overview of the importing process and contains general 

information about import requirements. The current edition of Importing Into the United 

States contains much new and revised material brought about pursuant to the Customs 

Modernization Act (“Mod Act”). The Mod Act has fundamentally altered the relationship 

between importers and U.S. Customs and Border Protection by shifting to the importer 

the legal responsibility for declaring the value, classification, and rate of duty applicable 

to entered merchandise. 

The current edition contains a section entitled "Informed Compliance." A key component 

of informed compliance is the shared responsibility between U.S. Customs and Border 

Protection and the import community, wherein CBP communicates its requirements to 

the importer, and the importer, in turn, uses reasonable care to assure that CBP is 

provided accurate and timely data pertaining to his or her importation. 

Single copies may be obtained from local offices of U.S. Customs and Border 

Protection, or from the Office of Public Affairs, U.S. Customs and Border Protection, 

1300 Pennsylvania Avenue NW, Washington, DC 20229. An on-line version is 

available at the CBP web site. Importing into the United States is also available for 

sale, in single copies or bulk orders, from the Superintendent of Documents by calling 

(202) 512-1800, or by mail from the Superintendent of Documents, Government Printing 

Office, P.O. Box 371954, Pittsburgh, PA 15250-7054. 

Informed Compliance Publications 

U.S. Customs and Border Protection has prepared a number of Informed Compliance 

publications in the “What Every Member of the Trade Community Should Know 

About:...” series. Check the Internet web site http://www.cbp.gov for current 

publications. 

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April 2009 

Value Publications 

Customs Valuation under the Trade Agreements Act of 1979 is a 96-page book 

containing a detailed narrative description of the customs valuation system, the customs 

valuation title of the Trade Agreements Act (§402 of the Tariff Act of 1930, as amended 

by the Trade Agreements Act of 1979 (19 U.S.C. §1401a)), the Statement of 

Administrative Action which was sent to the U.S. Congress in conjunction with the TAA, 

regulations (19 C.F.R. §§152.000-152.108) implementing the valuation system (a few 

sections of the regulations have been amended subsequent to the publication of the 

book) and questions and answers concerning the valuation system. 

Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory 

provisions, CBP Regulations implementing the statute, portions of the Customs 

Valuation Code, judicial precedent, and administrative rulings involving application of 

valuation law. A copy may be purchased for a nominal charge from the Superintendent 

of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-

7054. This publication is also available on the Internet web site of U.S. Customs and 

Border Protection. 

The information provided in this publication is for general information 

purposes only. Recognizing that many complicated factors may be 

involved in customs issues, an importer may wish to obtain a ruling under 

CBP Regulations, 19 C.F.R. Part 177, or obtain advice from an expert 

(such as a licensed Customs Broker, attorney or consultant) who 

specializes in customs matters. Reliance solely on the general 

information in this pamphlet may not be considered reasonable care.

Additional information may also be obtained from U.S. Customs and Border Protection 

ports of entry. Please consult your telephone directory for an office near you. The 

listing will be found under U.S. Government, Department of Homeland Security. 

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April 2009 

“Your Comments are Important” 

The Small Business and Regulatory Enforcement Ombudsman and 10 regional 

Fairness Boards were established to receive comments from small businesses about 

Federal agency enforcement activities and rate each agency’s responsiveness to small 

business. If you wish to comment on the enforcement actions of U.S. Customs and 

Border Protection, call 1-888-REG-FAIR (1-888-734-3247). 

REPORT SMUGGLING 1-800-BE-ALERT OR 1-800-NO-DROGA 

Visit our Internet web site: http://www.cbp.gov

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