HQ 083267: Tariff classification of "conditioning belt"

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 083267

                                     March 17, 1989


             CLA-2 CO:R:C:G  083267  SM

             CATEGORY:  Classification

             TARIFF NO.:  HTSUS 6117.80.0030

             Mr. Ryden Richardson, Jr.
             Customs Administration Manager
             Carmichael International Service
             P.O. Box 54772, Terminal Annex
             Los Angeles, CA  90054-0772

             RE:  Tariff classification of "conditioning belt"

             Dear Mr. Richardson:

                   Your letter of November 16, 1988, on behalf of AMF
             Whitely Fitness Products, directed to our New York office,
             requesting a tariff classification ruling for a "conditioning
             belt," has been referred to this office for reply.

             FACTS:

                   A sample of the merchandise in a retail package was sub-
             mitted.  The article, described as a "conditioning belt," is
             approximately eight inches wide and 34 inches long with a
             hook-and-loop-tape fastener adjustable for "one size fits
             all."  It is made of an expanded synthetic rubber laminated on
             one surface to a nylon knit fabric.  It is worn with the nylon
             on the outside.

                   You state that the article is used in connection with
             exercise applications, as stated on the packaging.  Informa-
             tion printed on the box indicates that the belt increases
             perspiration around the waistline, aiding in loss of water
             weight; holds in the stomach; and promotes good posture.  It
             can be worn under clothing and is suitable for jogging,
             cycling, racquet sports, and yard and house work.

                   You believe that the most specific provision covering
             this merchandise is subheading 9506.91.0000, Harmonized Tariff
             Schedule of the United States Annotated (HTSUSA), a provision
             for gymnasium or other exericse articles and equipment.
















                                           -2-



             ISSUE:

                   Is the conditioning belt classifiable under heading
             9506, HTSUSA?  If not, how is it classified?

             LAW AND ANALYSIS:

                   Heading 9506, HTSUSA, provides for articles and equip-
             ment for gymnastics, athletics, and other sports or outdoor
             games if not included elsewhere in Chapter 95, as well as
             swimming and wading pools and parts of those articles.  Sports
             equipment covered elsewhere in the chapter includes fishing
             rods, hooks, and other tackle, decoy birds, and similar hunt-
             ing or shooting equipment, of heading 9507, HTSUSA.

                   The tariff does not define "articles and equipment for
             gymnastics, athletics, and other sports."  The goods named in
             the various subheadings of heading 9506, HTSUSA, include skis,
             surf boards, golf clubs, balls, rackets, skates, archery
             equipment, hockey sticks, sleds, snowshoes, and swimming
             pools.  The subheading you suggest, 9506.91, HTSUSA, for
             gymnasium or other exercise articles and equipment and their
             parts and accessories, includes exercise cycles and exercise
             rowing machines.  All these articles enable the user to engage
             in the various sports or perform various gymnastics.  The
             "conditioning belt," in contrast, is not needed for any sport
             or gymnastic exercise.  While it may be worn during various
             athletic activities, it does nothing in particular to make
             them possible, and it may even be worn during normal yard and
             house work.  The effects it is specifically stated to be
             designed to produce--losing water weight and improving posture
             --are neither sports nor gymnastics.

                   Further, various textile articles to be worn are
             excluded from Chapter 95.  Note 1(e) of the chapter excludes
             sports clothing.  Note 1(g) excludes sports gloves, footwear,
             and headgear generally.  While neither of these notes specifi-
             cally covers the "conditioning belt," they indicate an inten-
             tion to exclude even those articles of apparel that might, at
             first look, be thought to be included in Chapter 95 because
             they would be worn while using the sports and athletic equip-
             ment named in the chapter.  The excluded articles, as well as
             others not specifically excluded, are obviously to be classi-
             fied under the headings appropriate to them.
















                                           -3-



                   Garments of rubberized textile fabrics, knitted or
             crocheted, are classified under heading 6113, HTSUSA.  How-
             ever, belts are not considered garments but accessories.
             Heading 6117 provides for other made up clothing accessories.
             The Explanatory Notes, the official interpretation of the
             HTSUSA at the international level, indicate that this heading
             is intended to include belts of all kinds.

             HOLDING:

                   The "conditioning belt" is classified under subheading
             6117.80.0030, HTSUSA, textile category 659, a provision for
             other accessories of man-made fibers.

                   Because of the changeable nature of the statistical
             annotation, i.e., the ninth and tenth digits of the classi-
             fication number, and of the textile restraint categories, you
             should contact your local Customs office before importation of
             this merchandise to determine the current status of any import
             restraints or requirements.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division

































             6cc:  Area Director of Customs
                   NY Seaport Area
             cc:   Legal Reference Section
             cc:   CITA
             cc:   NIS Herb Persky
             cc:   NIS Bill Raftery