CLA-2-62:OT:RR:NC:TA:353

Mr. Stuart Harty
RadiaShield Technologies
134 W 29th Street
Suite 701
New York, NY 10001

RE: The tariff classification of belly band from Indonesia.

Dear Mr. Harty:

In your letter dated November 2, 2010, you requested a tariff classification ruling. The sample that you submitted will be returned to you.

The submitted sample, a Belly Band, is a tube-like item that is elasticized at the front and is constructed of an outer layer of knit 95 percent rayon and 5 percent spandex fabric with a RadiaShield® lining. The RadiaShield® lining is a metalized woven fabric composed of 82 percent silver and 18 percent polyester fabric that protects from electromagnetic radiation. The Belly Band, which is worn by pregnant women either underneath or over a top at the waist area, provides a longer life and better fit from unbuttoned jeans, as the lining protects the fetus from everyday electromagnetic radiation from cell phones, portable music devices, computers, etc. The metalized woven fabric lining provides the essential character of this item.

The applicable subheading for the Belly Band will be 6217.10.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories… other than those of heading 6212: Accessories: Other: Other, Other.” The rate of duty will be 14.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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