CLA-2 CO:R:C:G 081663 SM
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
cc: NIS Lou Piropato