HQ 957154: Classification of nylon 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 957154

                         January 13, 1995

CLA-CO:R:C:T 957154 GG

CATEGORY:  Classification

TARIFF NO.:  6307.90.9989

Mr. Juan E. Cienfuegos, Jr.
14417 Import
Laredo, TX 78041

RE:  Classification of nylon belts

Dear Mr. Cienfuegos:

     This is in response to your request, dated September 12,
1994, for a binding ruling on the tariff classification of nylon
belts assembled in Mexico.  Your client is Fernando de Silva
Garza, d/b/a Kodiak Manufacturera Textil, S.A.

FACTS:

     The items under consideration are two belts made of 100%
nylon fabric.  The first belt is two inches wide, secured by a
plastic clasp and rendered adjustable in length by the
application of velcro-like strips on the back surface.  The belt
has several attachments which indicate that it is intended for
use by security personnel.  These include a plastic billy club
holder ring and a plastic clip for holding keys.  A hanging flap,
composed of foam padding covered with nylon fabric, protects the
wearer from the keys.  All of these attachments are affixed to
the belt by means of nylon web straps with metal snaps.  The
submitted sample also includes several of the nylon straps
without attachments, presumably so that the wearer can attach
articles of his or her choice.

     The second belt is five inches wide at the back, tapering to
three and one-half inches in the front.  It, too, is fastened
with a plastic clasp.  The entire belt contains a stiff, dense
foam padding, with the heaviest concentration appearing in the
back.  A two inch wide nylon web strip to which velcro-like
strips have been attached encircles the front surface of the
belt, providing a means of tightening the belt around the wearer. 
The belt also features elasticized suspenders.  You describe this
article as a support belt.

ISSUE:

     How are these belts properly classified?

LAW AND ANALYSIS:

     Articles are classified under the Harmonized Tariff Schedule
of the United States ("HTSUSA") in accordance with the General
Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be according to the terms of the headings
and any relative section or chapter notes.  Merchandise that
cannot be classified in accordance with GRI 1 is to be classified
in accordance with the remaining GRI's, taken in order.

     You suggest that the belts are classifiable under subheading
4202.12, HTSUSA.  That subheading provides for trunks, suitcases,
vanity cases, attache cases, briefcases, school satchels and
similar containers, with outer surface of plastics or of textile
materials.  Explanatory Note 42.02 notes that heading 4202,
HTSUSA, covers only the articles specifically named therein and
similar containers.  Examples given of containers similar to the
exemplars listed above are hat boxes, camera accessory cases,
cartridge pouches, sheaths for hunting or camping knives,
portable tool boxes or cases, specially shaped or internally
fitted to contain particular tools with or without their
accessories.  The common characteristic of these articles is that
they are receptacles designed to store and carry specific
merchandise in an enclosed or semi-enclosed environment.  The
belt intended for use by security personnel is not an enclosed or
semi-enclosed receptacle, but rather, is an article which
provides a base on which to hang holders or containers of various
items.  The support belt with suspenders also does not fit the
description of a container.  Therefore, the belts in question are
not of the same class or kind as the merchandise appearing in
subheading 4202.12.8070, HTSUSA, and cannot be classified under
that subheading.

     Provision is made for belts in Chapter 62 of the HTSUSA. 
That chapter covers articles of apparel and clothing accessories,
not knitted or crocheted.  Heading 6212 provides for brassieres,
girdles, corsets, braces, suspenders, garters and similar
articles and parts thereof, whether or not knitted or crocheted. 
EN 62.12 states, in pertinent part, that

          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. 
     These articles may be made of any textile material
     including knitted or crocheted fabrics (whether or not
     elastic).

          The heading includes, inter alia:

     (1)  Brassieres of all kinds.
     (2)  Girdle and panty-girdles.
     (3)  Corselettes (combinations of girdles or panty-     
          girdles and brassieres).
     (4)  Corsets and corset-belts.  Thse 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).

          All of the above articles may be furnished with
     trimmings of various kinds (ribbons, lace, etc.), and
     may incorporate fittings and accessories of non-textile
     materials (e.g., metal, rubber, plastics or leather).

          *                   *                   *

     The belt intended for use by security personnel has no
attributes which would suggest that it was designed for wear as a 
body-supporting garment or as a support for other articles of
apparel, and parts thereof.  Rather, its purpose is to provide a
means of carrying non-apparel items of use to security personnel. 
Therefore, that particular belt does not fall under heading 6212,
HTSUSA.  The other belt, described as a "support belt" by the
inquirer, may, however, provide a body-supporting function.

     No additional information was submitted about the purpose
and intended use of the support belt beyond its characterization
as a support belt.  However, we noted earlier that the belt is
wide, contains stiff, dense foam padding, and has a means of
being tightened around the wearer.  In this respect it is similar
to the belts classified in Headquarters Ruling Letter (HRL)
952829, dated February 19, 1993.  That ruling reiterated Customs'
position that to be classifiable in heading 6212, HTSUSA, belts
must serve the dual purpose of providing support for the body, or
support for certain articles of apparel, and of having a
construction that allows the belt to be worn comfortably next to
the wearer's skin.  The support belt in question, like those in
HRL 952829, does not meet the last criterion, therefore, does not
fall under this provision.  See also HRL 952568, dated January
28, 1993; HRL 952841, dated January 26, 1993; and HRL 952390,
dated December 16, 1992.

     The support belt also does not rise to the level of an
orthopedic device under heading 9021, HTSUSA.  Although the
support belt undoubtedly would provide some support to the lower
back, and would, perhaps, alleviate backache and strain, it lacks
the support mechanisms such as metal reinforcements, adjustable
springs and rigid parts, necessary for it to constitute an
orthopedic appliance for tariff purposes.  See, HRL 955887, dated
August 4, 1994.

     Heading 6217 provides for other made up clothing
accessories; parts of garments or of clothing accessories, other
than those of heading 6212.  EN 62.17 states that the heading
covers, inter alia, 

     Belts of all kinds (including bandoliers) and sashes
     (e.g., military or ecclesiastical), of textile fabric,
     whether or not elastic or rubberized, or of woven metal
     thread.  These articles are included here even if they
     incorporate buckles or other fittings of precious
     metal, or are decorated with pearls, precious or semi-
     precious stones (natural, synthetic or reconstructed).

However, the EN also specifically excludes belts for occupational
use (e.g., window-cleaners' or electricians' belts) from the
heading.

     Customs has restricted the classification of belts under
heading 6217, HTSUSA, to situations where the belt can clearly be
deemed a "clothing accessory".  As stated in HRL 088436, dated
April 5, 1991, an accessory is generally understood to mean 

     An article which is not necessary to enable the goods
     with which they are used to fulfill their intended
     function.  There is no requirement that accessories
     exhibit a reliance or dependance on the primary
     article(s).  Accessories must be related to, or exhibit
     some connection to the primary article, and must be
     intended for use solely or principally as an accessory. 
     For example belts used as clothing accessories need not
     rely or depend on a particular article of clothing. 
     Fashionable belt accessories may be worn with different
     articles and may take several forms (scarves, sashes,
     leather belts, etc.); they are often used for adornment
     or to compliment clothing.  However, they must clearly
     be intended for use solely or principally as an
     accessory to clothing; belts used solely or principally
     for utility purposes would not be classified here.

The belts here, like the belts analyzed in HRL 088436, are not
clothing accessories.  Neither exhibits the relationship with
clothing necessary to be considered accessories to clothing; they
do not adorn or accent clothing.  Furthermore, the belt intended
for use by security personnel indisputably serves an occupational
or utility purpose.  Thus, the belts cannot be classified under
heading 6217, HTSUSA.

      Heading 6307, HTSUSA, provides for other made up textile
articles not specifically provided for elsewhere in the
nomenclature.  EN 63.07 states that the heading includes belts
which, although worn around the waist, do not have the character
of belts of heading 6217, e.g., belts for occupational use
(electricians', aviators', parachutists', etc.).  This describes
the merchandise at issue.  As noted above, the belts do not have
the character of accessories in heading 6217.  They also are not
of the same class or kind as the belts represented by headings
6212 or 9021, HTSUSA.  Therefore, they are properly classifiable
as other made up textile articles under heading 6307, HTSUSA. 
See also HRL's 952829, 088436, and 955887, cited previously.

     The nylon fabric and the plastic clasps from which the belts
are made are products of the United States, and the fabric is cut
and assembled into the finished belts in Mexico.  Therefore,
pursuant to General Note 12(b)(i) of the HTSUSA, the belts
qualify as originating goods under the North American Free Trade
Agreement.

HOLDING:

     The belt intended for use by security personnel and the
support belt are properly classified under subheading
6307.90.9989, HTSUSA, as other made up articles, other, other,
other, other, dutiable at the rate of 5.2% ad valorem.  They are
not subject to a textile quota category.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

                              Sincerely,



                              John Durant
                              Director, Commercial
                              Rulings Division