CLA-2 CO:R:C:T 952829 jb
Mr. Arturo E. Dominguez
ADCO International Trade Services
1015 Juarez, Suite 110
Laredo, Texas 78040
RE: Wrap-around support belts; worn over garments; heading 6307,
HTSUSA; other made up articles
Dear Mr. Dominguez:
This is in reply to your letter, dated October 1, 1992, on
behalf of your client, Rooster Products, Inc., concerning the
classification of wrap-around support belts under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). Samples
were provided to this office for examination.
FACTS:
The merchandise in question consists of four samples:
1. Style RC-603 is a 2-1/4 inch wide work belt of woven
fabric over stiff foam. A thinner woven piece is sewn at
each end of the belt to which an adjustable plastic belt
buckle is secured.
2. Style RC-630 is a six inch wide wrap-around work belt
that tapers to four inch wide ends. Its construction is
similar to Style RC-603, with the addition of a thicker
foam back center piece, four belt loops, four fabric loop
tabs sewn to the top edge at intervals, and a hook and
loop closure.
3. Style RC-624 is similar in size and construction to Style
RC-630. It lacks both sets of loops and has a two inch
wide woven fabric belt and plastic buckle closure in
addition to the hook and loop fabric.
4. Style RC-629 is a 9-1/2 inch wrap-around support belt
with suspenders. It is constructed of heavy elastic knit
fabric with five vertical stays. Each tapered end
section has hook and loop fabric. The belt also has two
elastic fabric outer-bands, each of which is sewn at one
end to the rear center. The narrow bands extend around
either side and with hook and loop end tabs provide
additional tension adjustment for the wearer. Removable,
adjustable, elasticized suspenders are attached with hook
and loop fabric.
You state that the support belts have several uses, among
which, lifting heavy articles, lifting weights, gymnastics, and
gardening.
ISSUE:
Are the articles classifiable in heading 6212, HTSUSA, which
provides for body supporting garments or in heading 6307, HTSUSA,
which provides for other made up articles?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 requires that classification be determined
according to the terms of the headings and any relative section
or chapter notes, taken in order. Where goods cannot be
classified solely on the basis of GRI 1, the remaining GRI will
be applied, in the order of their appearance.
The competing provisions for these articles are heading
6212, HTSUSA, which provides for body supporting garments or
heading 6307, HTSUSA, which provides for other made up articles.
The Explanatory Notes to the Harmonized Commodity
Description and Coding System (EN), to heading 6212, HTSUSA,
state in pertinent part:
This heading covers articles of a kind designed for wear as
body-supporting garments or as supports for certain other
articles of apparel, and parts thereof... (Emphasis added)
The heading includes, inter alia:
(1) Brassieres of all kinds.
(2) Girdles and panty-girdles.
(3) Corselettes (combinations of girdles or panty-girdles
and brassieres).
(4) Corsets and corset-belts. These are usually reinforced
with flexible metallic, whalebone or plastic stays, and
are generally fastened by lacing or by hooks.
(5) Suspender-belts, hygienic belts, suspensory bandages,
suspender jock-straps, braces, suspenders, garters,
shirt-sleeve supporting arm-bands and armlets.
(6) Body belts for men (including those combined with
underpants).
(7) Maternity, post-pregnancy or similar supporting or
corrective belts, not being orthopaedic appliances of
heading 90.21 (see Explanatory Note to that heading).
In HQ 952841, dated January 26, 1993, HQ 952390, dated
December 16, 1992 and HQ 952201, dated October 26, 1992, Customs
ruled on a similar back support belts. Those rulings determined:
In Customs' view, the belt in question is not similar to any
of the aforementioned articles. It does not support apparel
or other items, and therefore is not similar to braces or
garters. Moreover, while it is designed to support and
prevent injury to the back, the article in question is not a
form of garment, nor is it worn underneath other garments
as, for example, maternity belts or men's body belts.
Heading 6307, HTSUSA, is a residual provision which provides
for other made up articles of textiles that are not provided for
more specifically elsewhere in the nomenclature. In HQ 088540,
dated June 3, 1991, addressing the classification of a weight
lifting belt, Customs held that the article was classifiable
under the provision for other made up articles of heading 6307,
HTSUSA. A later ruling, HQ 089581, dated November 4, 1991,
addressing the classification of a similar article, a "Tummy
Shaper" belt, also classified the article in heading 6307,
HTSUSA.
There has been some confusion in determining what
distinguishes the belts of heading 6212, HTSUSA, from those of
heading 6307, HTSUSA. The EN to heading 6212, HTSUSA, are clear
in designating these articles as body-support garments or
supports for other kind of apparel. The distinction centers on
the fact that while the articles enumerated in the EN to heading
6212, HTSUSA, are principally used or worn as garments or garment
accessories, those of heading 6307, HTSUSA, are not.
Stated simply, merchandise similar to the subject articles,
is classifiable as belts of 6212, HTSUSA, if it functions with a
dual purpose, in providing:
1. support for the body, or support for certain articles of
apparel; and
2. a construction that allows the belt to be worn
comfortably next to the wearer's skin, under other
garments
This is the case for example, for such articles such as the
brassieres, girdles, corset-belts, suspender-belts, hygienic
belts, corrective belts, etc.
The belts in question are distinguishable from the
enumerated articles of heading 6212, HTSUSA, in that they are
neither garments nor a kind of apparel. Nor can it be said that
the belts are designed for the purpose of being worn next to the
wearer's skin. They are belts which are to be worn over other
garments--not as underwear. As the subject belts are not ejusdem
generis with the body supporting garments of heading 6212,
HTSUSA, and since there are no headings that specifically provide
for the instant textile belts, they are classifiable in heading
6307, HTSUSA, as other made up articles.
HOLDING:
The articles in question, referred to as Styles RC-603,
RC-630, RC-624, and RC-629 are classifiable in subheading
6307.90.9986, HTSUSA, under the provision for other made up
articles. The applicable rate of duty is 7 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, your client should contact the
local Customs office prior to importing the merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division