HQ 081663: Classification of beaded belts

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 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
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