CLA-2-62:RR:NC:3:353 I88924

Mr. Dennis Prendergast
All-Pack Express, Inc.
147-40 184th Street
Jamaica, NY 11413

RE: The tariff classification of belts from China.

Dear Mr. Prendergast:

In your letter dated August 17, 2002, received in this office on November 25, 2002, on behalf of Green Paisley, Inc., you requested a classification ruling.

The submitted samples are a #1 Ladies Belt constructed of woven 100% nylon webbing with a metal butterfly buckle, and #2 Ladies Belt constructed of woven 100% cotton webbing with a D-link buckle. You also request classification if the goods were imported in rolls as a bulk product not cut to size with no finished ends.

The applicable subheading for the #1 Ladies Belt will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments…Accessories: Other: Other, Of man-made fibers.” The duty rate for 2002 will be 14.8% ad valorem and for 2003 will be 14.7% ad valorem. The textile category designation is 659.

The applicable subheading for the #2 Ladies Belt will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments…Accessories: Other: Other, Of cotton.” The duty rate for 2002 will be 14.8% ad valorem and for 2003 will be 14.7% ad valorem. The textile category designation is 359.

The applicable subheading for #1 imported on rolls as bulk will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: Of man-made fibers: Other.” The duty rate for 2002 will be 6.4% ad valorem and for 2003 will be 6.3% ad valorem.

The applicable subheading for #2 imported on rolls as bulk will be 5806.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: Of cotton .” The duty rate for 2002 will be 9% ad valorem and for 2003 will be 8.9% ad valorem .

Based upon international textile trade agreements the #1 and #2 Ladies Belts are subject to quota and the requirement of a visa; #1 and #2 rolls in bulk are not subject to quota or the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division