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NY C86397




April 27, 1998

CLA-2-58:RR:NC:TA:351 C86397

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.2000

Mr. W.J. Gonzalez
Trans-Union Customs Services, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of webbing and webbed utility belts from India.

Dear Mr. Gonzalez:

In your letter March 26, 1998, received in this office April 13, 1998, you requested a classification ruling.

You submitted three samples. The first sample was a length of brown webbing, 2 inches in width and cut to a length of approximately 24 inches. It had no attachments. The second item was a belt (item 505), brown in color, with metal buckles attached, measuring 2 1/4 inches in width, and designed to fit waists up to 46 inches. The third item was a belt (item 3505), black in color, with metal buckles attached, measuring 2 inches in width, and also designed to fit waists up to 46 inches. All three items appear to be of man-made textile material.

In your letter, you stated that only the webbing will be imported from India and that the buckles and riveting will be attached in the United States. You asked if the webbing needed to be marked with its country of origin when imported into the U.S. You also requested a classification ruling on the belts after they had been finished in the United States. You wished to know if, after the buckles were attached along with other hardware, the belt could be considered a product of the U.S.

The applicable subheading for the webbing will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, other of man-made fibers, other. The duty rate will be 6.7 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The webbing, in its imported condition, is required to be marked with the country of origin. The outer containers of the webbing must also be marked with the country of origin.

In your letter you stated that the webbing will be subjected to further manufacturing in the U.S. Under certain conditions, merchandise may be excepted from marking requirements. Paragraph 134.32 of the Customs Regulations outlines the conditions under which articles may be excepted from marking. It is suggested that you contact the Customs office at the port of entry, prior to the importation of the merchandise, for specific guidance in applying for an exception to the marking statute.

You should consult with the Federal Trade Commission, Washington, D.C. 20580 for definitive guidance regarding the marking of the belts in their finished condition.

The webbing falls within textile category designation 229. Based upon international textile trade agreements products of India require a visa.

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. 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 that 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 available for inspection at your local Customs office.

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 Camille Ferraro at 212-466-5885.

Sincerely,

Robert B. Swierupski
Director,

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