HQ 083703: Classification of belts with metal buckles

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 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.   















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                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