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NY H87479




February 1, 2002

CLA-2-61:RR:NC:3:353 H87479

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Susan Shibish
Weekenders International
75 Frontenac Drive
Markham, ON L3R 6H2

RE: The tariff classification of a belt from Canada.

Dear Ms. Shibish:

In your letter dated January 16, 2002 you requested a tariff classification ruling. The sample will be returned, as you requested.

The submitted sample, Style Number 950 Women’s Chain Belt, is constructed of knit 50% cottom/50% polyester fabric that is backed with a thin PVC coated knit polyester/rayon fabric. The belt features an 8-inch long metal chain that acts as a fastener. The cotton/polyester fabric imparts the essential character to the belt.

The applicable subheading for the Style Number 950 Women’s Chain Belt will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of man-made fibers:, Other.” The general rate of duty will be 14.8% ad valorem.

Due to the fact that the Style Number 950 Women’s Chain Belt is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The belt will be classified as if it consisted wholly of that one textile material that is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification. The Style Number 950 Women’s Chain Belt may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

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,

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