CLA-2 CO:R:C:G 083703 DSN
Ms. Linda Stohr
Best Customs Service
P.O. Box 92815
Los Angeles, CA 90009-2815
RE: Classification of belts with metal buckles
Dear Ms. Stohr:
This ruling letter is in response to your request of
January 23, 1989, on behalf of The Brothers Trade, Inc., for
tariff classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), for textile belts produced in
Korea. Samples were submitted for examination.
FACTS:
The samples at issue are elastic belts with metal buckles.
According to your submissions, the belts are designed to be worn
as fashion accessories and not as traditional belts.
ISSUE:
How are textile belts with metal buckles classified under
the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relevant section
or chapter notes.
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Heading 6217, HTSUSA provides for other made up clothing
accessories. The Explanatory Notes constitute the official
interpretation of the tariff at the international level. The
Explanatory Notes to heading 6217 state that the heading covers
belts of all kinds of textile fabric, whether or not elastic or
rubberised, or of woven metal thread. These articles are
included here even if they incorporate buckles or other fittings
of precious metal. Since the samples at issue are textile belts
with metal buckles, they are classified under heading 6217,
HTSUSA, pursuant to GRI 1. See HRL 081663 of September 26, 1988,
where a beaded textile belt was classified under heading 6217,
HTSUSA, based on similar analysis.
You assert that classification should be under subheading
7117.19.5000, HTSUSA, which provides for imitation jewelry,
other, other. Chapter note 10 to chapter 71, states that the
expression "imitation jewelry" means jewelry within the meaning
of paragraph (a) of note 8 above, not incorporating precious
metal or metal clad with precious metal. Chapter note 8(a)
provides that the expression "articles of jewelry" means any
small objects of personal adornment, for example, rings,
bracelets, necklaces, watch chains, tie pins, cuff links, to name
several. The samples at issue do not meet the definition of
"imitation jewelry" nor are they similar to the above named
examples, and consequently, cannot be classified under heading
7117, HTSUSA. Therefore, we do not agree that the belts are
classifiable under more than one heading. Classification is
according to GRI 1; GRI 3(b) is not reached.
HOLDING:
The samples at issue are classified under subheading
6217.10.0030, HTSUSA, which provides for other made up clothing
accessories; parts of garments or of clothing accessories, other
than those of heading 6212, accessories, of man-made fibers,
textile category 659, and dutiable at the rate of 15.5 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
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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.
Sincerely,
John Durant, Director
Commercial Rulings Division