HQ 0083802 - Tariff classification of silk/cotton belts - United States International Trade Commision Rulings

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HQ 083802

June 5, 1989

CLA-2 CO:R:C:G 083802 SM

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.0040

Mr. Chuck Gupta
India Hand Arts
P. O. Box 12271
Philadelphia, PA 19144

RE: Tariff classification of silk/cotton belts

Dear Mr. Gupta:

Your letter of February 7 requests a tariff classifica- tion ruling for certain woven silk/cotton belts to be imported from India.

FACTS:

A sample of Style R-5787 was submitted. It is a tie belt approximately five and one half feet in length, tapering from a width of nearly three inches at the center to three fourths of an inch at the ends. Parallel rows of stitching run from end to end. The outside fabric is silk; the facing is cotton.

ISSUE:

Is the belt classified as silk, as cotton, or as some combination of the two?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes and then, if the headings and legal notes do not otherwise require, in accordance with the remaining GRI's. No heading provides specifically for belts. Heading 6217, HTSUSA, provides for other made up clothing accessories. The Explanatory Notes (EN), the official interpretation of the HTSUSA at the international level, for this heading indicate specifically that it is intended to cover belts of all kinds.

The EN for Chapter 62 state that trimming materials do not affect classification. We understand trimming to include portions of articles such as the cotton facing on the sample belt. The facing is therefore not considered in classifying this merchandise.

HOLDING:

The belt is classified under heading 6217.10.0040, HTSUSA, a provision for other made up clothing accessories, other, containing 70 percent or more by weight of silk or silk waste.

Because of the changeable nature of the statistical annotation, i.e., the ninth and tenth digits of the tariff number, and the textile restraint categories, you should contact your local Customs office before importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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