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NY J88148




September 2, 2003

CLA-2-63:RR:NC:TA:351 J88148

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Paul Meyer
NIK Customs Broker Freight Forwarder
800 S. Hindry Ave. Unit A
Inglewood, CA 90301

RE: The tariff classification of a suspender from China.

Dear Mr. Meyer:

In your letter dated August 18, 2003, on behalf of JMI International you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted is a pair of suspenders. It is made of woven web fabric with foam padding on the shoulder straps. It features plastic buckles for adjusting the straps and a leather patch for strength. Each end of the fabric has a metal clip fastener. The suspender is used to support a tool belt or similar item.

You asked if the addition or deletion of the padding and leather patch would make a difference in classification of the item and if the weight of the buckles and padding must be calculated in the dutiable weight. Neither the padding nor the leather patch is a crucial factor in the determination of the classification of this item; however, we can only rule on the sample at hand and suggest that you submit any other sample you may have for a binding ruling. There is no duty on the weight; thus there is no dutiable weight. However, the buckles and padding are to be included in the net weight reported on the entry documents.

The applicable subheading for the suspender will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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