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NY J83261




April 25, 2003

CLA-2-61:RR:NC:3:353 J83261

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Susan Shibish
Weekenders Int’l.
75 Frontenac Dr.
Markham, ON, Canada L3R 6H2

RE: The tariff classification of belts from Canada.

Dear Ms. Shibish:

In your letter dated April 9, 2003 you requested a classification ruling.

Two belts were submitted with your request. Style 908, Square Buckle Belt is made of knit 39% polyester, 39% acrylic, 22% cotton fabric. The belt measures approximately 1 1/4” in width with a square metal buckle closure. You state that Style 906, Two-tone Chain Belt is made of knit 50% polyester/ 50% cotton fabric with a chain closure.

Due to the fact that Style 906 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, Style 906 will be classified as if it consisted wholly of that one textile material which 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, as well as visa and quota requirements. Style 906 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.

The applicable subheading for Styles 908 and 906 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Other, Of man-made fibers: Other.” The general duty rate will be 14.7% ad valorem.

Styles 908 and 906 fall within textile category designation 659. Based upon international textile trade agreements products of Canada are not subject to quota and the requirement of a visa.

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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