Classification of belts with metal buckles

HQ 083703 September 1, 1989 CLA-2 CO:R:C:G 083703 DSN CATEGORY: Classification TARIFF NO.: 6217.10.0030 Ms. Linda Stohr Best Customs Service P.O. Box 92815 Los Angeles, CA 90009-2815 RE: Classification of belts with metal buckles Dear Ms. Stohr: This ruling letter is in response to your request of January 23, 1989, on behalf of The Brothers Trade, Inc., for tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for textile belts produced in Korea. Samples were submitted for examination. FACTS: The samples at issue are elastic belts with metal buckles. According to your submissions, the belts are designed to be worn as fashion accessories and not as traditional belts. ISSUE: How are textile belts with metal buckles classified under the HTSUSA? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes. -2- Heading 6217, HTSUSA provides for other made up clothing accessories. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to heading 6217 state that the heading covers belts of all kinds of textile fabric, whether or not elastic or rubberised, or of woven metal thread. These articles are included here even if they incorporate buckles or other fittings of precious metal. Since the samples at issue are textile belts with metal buckles, they are classified under heading 6217, HTSUSA, pursuant to GRI 1. See HRL 081663 of September 26, 1988, where a beaded textile belt was classified under heading 6217, HTSUSA, based on similar analysis. You assert that classification should be under subheading 7117.19.5000, HTSUSA, which provides for imitation jewelry, other, other. Chapter note 10 to chapter 71, states that the expression "imitation jewelry" means jewelry within the meaning of paragraph (a) of note 8 above, not incorporating precious metal or metal clad with precious metal. Chapter note 8(a) provides that the expression "articles of jewelry" means any small objects of personal adornment, for example, rings, bracelets, necklaces, watch chains, tie pins, cuff links, to name several. The samples at issue do not meet the definition of "imitation jewelry" nor are they similar to the above named examples, and consequently, cannot be classified under heading 7117, HTSUSA. Therefore, we do not agree that the belts are classifiable under more than one heading. Classification is according to GRI 1; GRI 3(b) is not reached. HOLDING: The samples at issue are classified under subheading 6217.10.0030, HTSUSA, which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212, accessories, of man-made fibers, textile category 659, and dutiable at the rate of 15.5 percent ad valorem. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status -3- Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office. Sincerely, John Durant, Director Commercial Rulings Division