HQ 0082326 - Beaded textile belts; Made up textile articles - United States International Trade Commision Rulings

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HQ 082326

June 8, 1988

CLA-2 CO:R:C:G 082326 SM

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.0030

Mr. William Phelps
W. A. Phelps & Company, Inc.
Suite 1963
One World Trade Center
New York, NY 10048

RE: Beaded textile belts; Made up textile articles

Dear Mr. Phelps:

Your letter of March 18, 1988, addressed to our New York office, requesting a tariff classification ruling on behalf of La Regale, Ltd., under the proposed Harmonized Tariff Schedule of the United States Annotated (HTSUSA), has been referred to this office for reply. Samples of the merchandise, consisting of a number of beaded textile belts, have been forwarded to us.

FACTS:

Each of the three sample belts is marked "Hand Made in China." Each has a textile backing that we assume to be of man-made fiber, back closure by means of Velcro-type strips fastened inside the ends, and an outer surface decorated with various designs of beads and bugles. Each is somewhat wider in the center than at the ends.

ISSUE:

How the belts are classified under the HTSUSA.

LAW AND ANALYSIS:

Classification under the HTSUSA 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.

Note 1 to Chapter 62 provides that that chapter applies to made up articles of any textile fabric other than wadding,
generally excluding knitted or crocheted articles. "Made up" is defined by Note 7 to the textile section. It means, among other things, "produced in the finished state, ready for use." Heading 6217 provides for "other" made up clothing accesso- ries. The Explanatory Notes, which constitute the official interpretation at the international level, specify that this heading covers, among other things, "[b]elts of all kinds . . . , of textile fabric, whether or not elastic or rubber- ised, or of woven metal thread. These articles are included here even if they incorporate buckles or other fittings of precious metal, or are decorated with pearls, precious or semi-precious stones (natural, synthetic or reconstructed)."

The sample belts fall within this provision. They are of textile fabric, not knitted or crocheted. In their condi- tion as imported, they are finished and ready to wear as belts. Textile belts are specifically named among the cloth- ing accessories to be included in this heading. Since the heading is further interpreted to include textile belts of all kinds, it is, in our view, intended to include the samples in question here, even though the type of nontextile decoration they feature, i.e., bugles and beads, is not specifically named.

HOLDING:

The belts are classified under subheading 6217.10.0030, HTSUSA, textile category 659, as other made up clothing acces- sories of man-made fibers. This classification represents the present position of the Customs Service with regard to the dutiable status of the merchandise under the proposed HTSUSA. If changes occur before enactment, this advice may not con- tinue to be applicable.

Sincerely,

John Durant, Director
Commercial Rulings Division

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