CLA-2 CO:R:C:G: 081619 DSN

Duncan A. Nixon, Esquire
Sharretts, Paley, Carter & Blauvelt, P.C.
Eighty Broad Street
New York, New York 10004

RE: Classification of certain men's trousers with cotton belt

Dear Mr. Nixon:

Your inquiry of November 23, 1987, on behalf of H. Cotler Co., Inc., addressed to our New York office concerning the classification of men's trousers with accompanying belt under the proposed Harmonized Tariff Schedule of the United States Annotated (HTSUSA), was referred to this office for a direct reply. A sample produced in Korea was submitted for examination.

FACTS:

The sample men's trousers are a khaki-gray color and composed of 65 percent polyester and 35 percent cotton. The trousers have two pleats on each leg along with side pockets, and a rear pocket with a button flap. The trousers have a fly with a zipper, and a metal hook closure at the waist. They also have belt loops and are accompanied by a color-coordinated khaki-gray 100 percent cotton twill belt secured with a metal buckle. We assume that the trousers and belt are imported and sold together as a unit.

ISSUE:

Are the trousers and belt classified separately under the HTSUSA?

LAW AND ANALYSIS:

For many years textile belts and their accompanying imported garments were classified under the Tariff Schedules of the United States Annotated (TSUSA) pursuant to the judicially created doctrine of entireties. For the past several years such

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belts have been classified separately under the TSUSA as other garments pursuant to Headnote 3, Part 6, Schedule 3, TSUSA. We do not believe that either of these approaches is applicable under the HTSUSA.

Classification under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the starting point is the terms of the headings and subheadings of the tariff and any relevant section and chapter notes. Heading 6203 provides for men's trousers. Heading 6217 provides for other made up clothing accessories. The Explanatory Notes, the official interpretation of the HTSUSA at the international level, state that this heading is intended to include textile belts of all kinds, not knitted or crocheted. No heading specifically provides for trousers and belts together.

GRI 2(a) does not apply here because it concerns incomplete or unassembled articles. GRI 2(b) does not apply because no question arises here of headings that refer to materials.

GRI 3 provides for goods that are prima facie classifiable under two or more headings. Since the trousers are classifiable under one heading and the belt under another heading, GRI 3 applies.

GRI 3(a) provides that when two or more headings are under consideration, the one providing the most specific description of the merchandise is preferred. But all the headings are regarded as equally specific when each refers to part only of the goods. Each of the headings, 6203 and 6217, refers to part only of the merchandise here. Therefore, the headings are regarded as equally specific, and the classification of the belt and trousers cannot be determined by relative specificity.

GRI 3(b) provides that composite goods made up of different components which cannot be classified by reference to 3(a) shall be classified as if they consisted of the component which gives them their essential character, insofar as this criterion is applicable. The issues that arise, then, are whether the belt and trousers combination can be said to constitute composite goods, and if so, whether the component that provides the essential character can be determined.

It is our view that the trousers and belt combination is composite goods as that term is defined and applied in the HTSUSA. The Explanatory Notes to the HTSUSA define composite goods made up of different components as not only those in which components are attached to each other to form a practically inseparable whole, but also those with separable components,

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provided these components are adapted one to the other and are mutually complementary, and that together they form a whole, which would not normally be offered for sale in separate parts. We believe that this trousers and belt combination fits within this description and definition of composite goods because it is composed of different components, i.e., a pair of trousers and a belt, forms a commercial unit, and is not normally offered for sale as separate articles. In most instances textile belts imported with garments are regarded in the trade and commerce of this country as forming single commercial entities.

Pursuant to GRI 3(b), composite goods made up of different components shall be classified as if they consisted of the material or component which gives them their essential character. In this case, as in virtually every instance involving belt and garment combinations, it is the garment which provides the essential character. The belt is merely an accessory to the garment, and, barring unusual or exceptional circumstances, is not the main reason for the existence of the combination or the primary motivating factor governing the purchase of the two articles.

With respect to textile belts imported separately, they would be classified as accessories pursuant to Explanatory Note 3, to subheading 6217.10, HTSUSA. Please note we are distinguishing belts imported separately as accessories from belts that are parts of composite goods.

HOLDING:

In view of the foregoing, the trousers and accompanying textile belt are classified under the proposed HTSUSA under subheading 6203.43.4010, textile category 647, which provides for men's trousers, bib and brace overalls, trousers of synthetic fibers, dutiable at the rate of 29.7 percent ad valorem. This classification represents the present position of the Customs Service regarding the dutiable status of the merchandise under the proposed HTSUSA. If there are changes before enactment, this advice may not continue to be applicable.

Sincerely,

John Durant, Director
Commercial Rulings Division