HQ 0956014 - Classification of braided textile belts; decorated with bamboo, wooden beads, coconut or metal medallions; essential character equally imparted by textile and wooden components. - United States International Trade Commision Rulings

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HQ 956014

June 8, 1994

CLA-2 CO:R:C:T 956014 SK

CATEGORY: CLASSIFICATION

TARIFF NO.'s: 6217.10.0010; 6217.10.0030; 6217.10.0050

Alice Ng
Lup Kee Metal Ornament Factory Ltd.
9/FL., Unit A4, Yip Fung Ind. Bldg.
28-36 Kwai Fung St., Kwai Chung
N.T., Kowloon, Hong Kong

RE: Classification of braided textile belts; decorated with bamboo, wooden beads, coconut or metal medallions; essential character equally imparted by textile and wooden components.

Dear Ms. Ng:

This is in response to your letter of February 24, 1994, requesting a binding classification ruling for three styles of ornamented braided textile belts. Three samples were submitted to this office for examination.

FACTS:

The three samples of belts submitted to this office bear no style numbers. They are all made from braided textiles such as cotton, man-made fiber or jute and are fitted with various decorations such as bamboo, wooden beads, coconut and metal medallions.

The first sample is made of braided cord elements which are further braided to form an approximately 1 and 1/2 inch wide by 14 inch long central portion with two long braided cords approximately 24 inches long on each side that are used to tie the belt to the wearer. In the center of this portion is a 3 inch wide coconut circle in which eight holes have been drilled. Short braided cords with wooden beads and a metal medallion have been inserted through these holes.

The second sample is made from three braided cords on which three coconut rings and two metal medallions have been situated. At one end of this braided section is a 1/4 inch by 20 inch chain which affixes around the waist of the wearer by attaching to a metal hook at the other end of the decorated braid section.

The third sample consists of a belt with a center portion made of three braided cords of approximately 14 inches in length on which bamboo and wooden beads have been strung to the extent that they obscure the cord underneath. The center medallion consists of a 3 inch wide piece of coconut which has also been decorated with bamboo and wooden beads. On either side of the center portion are braided cords measuring approximately 16 inches long which are used to affix the belt to the wearer.

ISSUE:

Whether the belts at issue are classifiable as other made up textile clothing accessories of heading 6217, HTSUSA, or as articles of wood within Chapter 44, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's.

The initial issue is whether these belts are deemed to be other made up textile clothing acessories of heading 6217, HTSUSA, or whether they are classifiable as other articles of wood of heading 4421, HTSUSA.

When, by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be affected as follows:

(a) The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only ... of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

Generally, GRI 3(a) provides that the heading which most specifically describes the merchandise shall prevail over the other applicable provisions. However, classification cannot be resolved on the basis of specificity when competing headings each refer to only part of the finished article. Here, the wood provision describes only the decorative portions of the belt. Therefore, we cannot resort to GRI 3(a) in this instance.

GRI 3(b) reads:
(b) ... goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character.

Thus, GRI 3(b) provides that goods consisting of two or more materials shall be classified as if they were composed entirely of the material which lends them their "essential character."

Explanatory Note VIII to GRI 3(b), at page 4, provides the following guidelines for determining the essential character of an article:

The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

In the instant case, it can be said that while the wooden components of the belts provide significant decorative value, and enhance these articles' marketability, the textile cords create the form and structure of the belt. Neither component imparts the essential character to these items inasmuch as both are equally important and provide distinct functions.

When it is not possible to determine the component which gives a product its essential character, classification is determined using a GRI 3(c) analysis.

GRI 3(c) reads:

When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

Heading 6217, HTSUSA, is the governing heading in this instance, as it occurs after heading 4412, HTSUSA, in numerical order.

Lastly, we note that the subject articles cannot be classified as imitation jewelery under subheading 7717.19.5000, HTSUSA. Chapter note 10 to Chapter 71 states that the expression "imitation jewelery" means jewelery within the meaning of paragraph (a) of note 8 to Chapter 71. Note 8(a) provides that the expression "articles of jewelery" means "any small objects of personal adornment (gem set or not) (for example rings, bracelets, necklaces, brooches, earrings, watch chains, fobs, pendants, tie pins, cuff links," etc... . The sample belts do not meet the definition of "imitation jewelery" pursuant to note 8(a) nor are they similar to the cited exemplars.

HOLDING:

The belts at issue are classifiable under heading 6217, HTSUSA, which provides for other made up clothing accessories.

If the belt is made of cotton, classification is proper under subheading 6217.10.0010, HTSUSA, which provides for "[O]ther made- up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212; accessories... of cotton... ," dutiable at a rate of 15.5 percent ad valorem. The textile quota category is 359.

If the belt is made of man-made fibers, classification is proper under subheading 6217.10.0030, HTSUSA, which provides for "[O]ther made-up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212; accessories... of man-made fibers... ," dutiable at a rate of 15.5 percent ad valorem. The textile quota category is 659.

If the belt is made of jute, classification is proper under subheading 6217.10.0050, HTSUSA, which provides for "[O]ther made- up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212; accessories... other: other... ," dutiable at a rate of 15.5 percent ad valorem. The textile quota category is 859.

The designated textile and apparel categories may be subdivided into parts. If so, the 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 you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection at any local Customs office.

Due to the nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact Customs prior to 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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