Classification of beaded belts

HQ 081663 September 26, 1988 CLA-2 CO:R:C:G 081663 SM CATEGORY: Classification TARIFF NO.: 6217.10.0030 Robert T. Stack, Esq. Siegel, Mandell & Davidson, P.C. One Whitehall Street New York, NY 10004 RE: Classification of beaded belts Dear Mr. Stack: Your letter of December 28, 1987, addressed to our New York office, requests a tariff classification ruling on be- half of Frederick Wholesale Corporation for certain belts. FACTS: Samples of two styles were submitted. Style 85333B has a textile center portion about twenty-two and a half inches long, an inch and a half wide at the ends and three inches wide at the center. Glass beads and bugles form a design on the outside. At each end are two twelve-inch textile cords knotted at the ends. The knots are also decorated with beads. Style 4736B is two inches wide, with a textile backing and an outer surface covered with bugles and beads. One end is rounded, the other is stitched to a slide buckle. You believe that since the belts are composed of both glass and textile, they are classifiable, under General Rule of Interpretation (GRI) 3(b) of the proposed Harmonized Tariff Schedule of the United States Annotated (HTSUSA), according to the material which gives them their essential character. Since, in your view, that material is the beads, you believe that the belts are classifiable as glass beads and articles thereof, under heading 7018, HTSUSA. ISSUE: How are textile belts decorated with beads classified under the proposed HTSUSA? -2- LAW AND ANALYSIS: Classification under the proposed HTSUSA is in accord- ance with the GRI's. GRI 1 provides that classification is determined first according to the terms of the headings of the tariff and any relative section or chapter notes. Heading 6217 provides for "other" made up clothing accessories. Belts are among the articles commonly known as clothing accessories: "b(3): any of various articles of apparel (as a scarf, belt, or piece of jewelry) that accent or otherwise complete one's costume." Webster's Third New International Dictionary (1961). Further, the Explanatory Notes, the official interpretation of the HTSUSA at the international level, state that it includes belts of all kinds, not knitted or crocheted, of textile fabric, even if decorated with pearls, precious or semi-precious stones (natural, synthetic or reconstructed). Since the heading includes all kinds of textile belts, and none are excluded by virtue of being decorated with real or imitation jewels, it is our view that these textile belts, decorated with the types of beads and sequins often used to decorate wearing apparel, are included. The general Explanatory Notes for Chapter 70 specify that it excludes articles of glass covered more specifically by other headings of the Nomenclature. The heading for made up clothing accessories is clearly more specific. Addition- ally, the Explanatory Notes for heading 7018 specify that it excludes textile articles incorporating applique work of glass beads. Therefore, we do not agree that the belts are prima facie classifiable under more than one heading. Classifica- tion is according to GRI 1; GRI 3(b) is not reached. Under the current Tariff Schedules of the United States Annotated (TSUSA), textile belts fully covered with beads, bugles, etc., are classified differently from those only partially covered. This distinction originates in the fact that the TSUSA provides separately for ornamented and not ornamented wearing apparel. Articles on which the textile fabric remains visible are classified as ornamented apparel; articles on which no fabric is visible are variously classi- fied as articles of beads or articles of personal adornment. The HTSUSA makes no distinction between ornamented and not ornamented apparel. Therefore, all beaded textile belts should be classified the same way. -3- HOLDING: The submitted samples and similar articles are classi- fied under subheading 6217.10.0030, HTSUSA, textile category 659, assuming that the fabric is of man-made fiber. File 081461 of August 11, 1988. This classification represents the present position of the Customs Service under the proposed HTSUSA. If there are changes before enactment, this advice may no longer be applicable. Sincerely, John Durant, Director Commercial Rulings Division 6cc: Area Director, NY Seaport Area cc: Legal Reference Section cc: CITA cc: NIS Herbert Persky cc: NIS Lou Piropato