HQ 082326: Beaded textile belts; Made up textile articles

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 082326

                                      June 8, 1988


             CLA-2 CO:R:C:G 082326 SM

             CATEGORY: Classification

             TARIFF NO.: 6217.10.0030

             Mr. William Phelps
             W. A. Phelps & Company, Inc.
             Suite 1963
             One World Trade Center
             New York, NY  10048

             RE: Beaded textile belts; Made up textile articles

             Dear Mr. Phelps:

                   Your letter of March 18, 1988, addressed to our New York
             office, requesting a tariff classification ruling on behalf of
             La Regale, Ltd., under the proposed Harmonized Tariff Schedule
             of the United States Annotated (HTSUSA), has been referred to
             this office for reply.  Samples of the merchandise, consisting
             of a number of beaded textile belts, have been forwarded to
             us.

             FACTS:

                   Each of the three sample belts is marked "Hand Made in
             China."  Each has a textile backing that we assume to be of
             man-made fiber, back closure by means of Velcro-type strips
             fastened inside the ends, and an outer surface decorated with
             various designs of beads and bugles.  Each is somewhat wider
             in the center than at the ends.

             ISSUE:

                   How the belts are classified under the HTSUSA.

             LAW AND ANALYSIS:

                   Classification under the HTSUSA is in accordance with
             the General Rules of Interpretation (GRI's).  GRI 1 provides
             that classification is determined first in accordance with the
             terms of the headings of the tariff and any relative section
             or chapter notes.

                   Note 1 to Chapter 62 provides that that chapter applies
             to made up articles of any textile fabric other than wadding,












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             generally excluding knitted or crocheted articles.  "Made up"
             is defined by Note 7 to the textile section.  It means, among
             other things, "produced in the finished state, ready for use."
             Heading 6217 provides for "other" made up clothing accesso-
             ries.  The Explanatory Notes, which constitute the official
             interpretation at the international level, specify that this
             heading covers, among other things, "[b]elts of all kinds
             . . . , of textile fabric, whether or not elastic or rubber-
             ised, or of woven metal thread.  These articles are included
             here even if they incorporate buckles or other fittings of
             precious metal, or are decorated with pearls, precious or
             semi-precious stones (natural, synthetic or reconstructed)."

                   The sample belts fall within this provision.  They are
             of textile fabric, not knitted or crocheted.  In their condi-
             tion as imported, they are finished and ready to wear as
             belts.  Textile belts are specifically named among the cloth-
             ing accessories to be included in this heading.  Since the
             heading is further interpreted to include textile belts of all
             kinds, it is, in our view, intended to include the samples in
             question here, even though the type of nontextile decoration
             they feature, i.e., bugles and beads, is not specifically
             named.

             HOLDING:

                   The belts are classified under subheading 6217.10.0030,
             HTSUSA, textile category 659, as other made up clothing acces-
             sories of man-made fibers.  This classification represents the
             present position of the Customs Service with regard to the
             dutiable status of the merchandise under the proposed HTSUSA.
             If changes occur before enactment, this advice may not con-
             tinue to be applicable.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division