The tariff classification of a drill holster and tool belt from China.

NY E86563 October 1, 1999 CLA-2-42:RR:NC:341:E86563 CATEGORY: Classification TARIFF NO.: 6307.90.9989 Mr. W.J. Gonzalez Trans-Union Customs Service, Inc. 11941 S. Prairie Ave Hawthorne, CA 90250 RE: The tariff classification of a drill holster and tool belt from China. Dear Mr. Gonzalez: In your letter dated August 17th, 1999, you requested a tariff classification ruling for a drill holster and tool belt from China. The submitted samples are identified as styles 5020, Drill Holster and style 5625, Workman's Padded Belt. Style 5020 is a holster manufactured of nylon textile material that is designed to contain a cordless drill. The holster is sized to contain most 1/8" to 3/8" drills, has a hook and loop safety strap, and is designed to fit a belt up to 2 1/2" wide. It has one front pocket for drill bits, pencils, etc. Style 5625 is a 5" padded comfort belt manufactured of nylon textile materials and incorporates a padded back panel for support and comfort. The belt is secured by a steel double tongue roller backed. The ends of the compact belt have hook and loop tabs. The sample submitted is sized to fit waist sizes 35" to 39". You have indicated that the polyester binding, which is the thin strip of fabric that surrounds all the edges of the holster and belt, and the hook and loop tabs are of United States origin. The Explanatory Notes to Heading 6307 state, in part, that: This heading covers made up articles of any textile material which are not included more specifically in other heading of section XI or elsewhere in the nomenclature. It includes, in particular: (16) Belts which, although worn around the waist, do not have the character of belts of heading 62.17, e.g., belts for occupational use (electricians ’, aviators ’, parachutists ’, etc.); webbing carrier straps and similar articles. These belts are not of the character of wearing apparel belts and function as belts for occupational use. Therefore, pursuant to the Explanatory Notes stated above, they are classifiable under HTS subheading 6307.90.9989, HTS. If the hook and loop tabs and the polyester binding are assembled by sewing and not further processed except for minor operations incidental to assembly, then duty allowance for assembly of fabricated US components under 9802.00.80 may apply, provided compliance with the applicable regulations. An issue related to the drill holster for which you are seeking classification is currently pending before the Court of International Trade (Rooster Products v. United States, Civil Action 97-04-00586). Accordingly, as directed by section 177.7(b), this office is precluded from issuing or reconsidering a ruling with respect to the classification of this merchandise. Section 177.7(b), of the Customs Regulations (19 C.F.R. §177.7(b)) states: No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom. Litigation before any other court will not preclude the issuance of a ruling letter, provided neither the Customs Service nor any of its officers of agents is named as a defendant. The applicable subheading for the tool belt, style #5625, will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns…other. The rate of duty will be 7% 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 Kevin Gorman at 212-637-7091. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division