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NY N004753




January 8, 2007

CLA-2-62:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9510

Ms. Abigail Mugrage
Abercrombie & Fitch
P.O. Box 182168
Columbus, OH 43218

RE: The tariff classification of a belt from China.

Dear Ms. Mugrage:

In your letter dated December 20, 2006, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Style Number 4K1701 Men’s Belt constructed of leather and woven 100% cotton fabric. The belt is approximately 1¾-inches wide and features a decorative ¾-inch wide leather embellishment sewn onto the fabric portion of the belt. You state that the belt will have a brass buckle, which is not included with the sample. The fabric portion of the belt measures approximately 26 inches in length, and the leather portion measures approximately 11 inches in length. The fabric portion encircles the waist, while the leather portion encircles approximately 11 inches of a person’s waist when the belt is fully extended, and approximately 1 inch of the waist when fully tightened.

You suggest classification in subheading 4203.30.0000 as a leather belt. However, the fabric portion girds the waist and provides the essential character of the belt.

The applicable subheading for the Style Number 4K1701 Men’s Belt will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessoriesAccessories: Other: Other, Of cotton.” The duty rate will be 14.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style Number 4K1701 falls within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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