May 7, 2008 CBP Bulletin Notice on Classifying Metal Fashion Belts
In the May 7, 2008 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 42, No. 20), CBP published a notice revoking 12 classification rulings, modifying three classification rulings, and revoking treatment as follows:
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Revocation and modification of rulings, revocation of treatment.CBP is revoking 12 rulings and modifying three rulings on the classification of certain metal fashion belts. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations and modifications are effective for merchandise entered or withdrawn from warehouse for consumption on or after July 6, 2008.
Certain metal fashion belts. The merchandise at issue is fashion belts of metal or metal chain, with or without the addition of fabric trim, ribbon, plastic ornaments, glass or plastic beads.
CBP is issuing HQ H011753, H011755, H011756, H011757, H011758, H011760, H011761, H011762, H011764, H011765, H011766, and H011767 in order to revoke NY N004868, M83367, L88846, L80384, K89513, K82771, K86961, K87657, K86932, K86856, J89515, J80040, and reclassify the metal belts according to their constituent materials rather than in HTS 7117.90 as imitation jewelry. CBP is also modifying NY L84203, K86935, K87353 and other ruling not specifically identified to reflect the new analysis.
CBP makes this change based on HTS Chapter 71, Note 9 (a) which states that the term imitation jewelry applies only to "small articles of personal adornment" such as rings, bracelets, necklaces, earrings, cuff links, etc. CBP asserts that because belts are not on this list, classification in HTS 7117.90 can only be based on ejusdem generis, which means literally "of the same class or kind," and requires that the imported merchandise possess the essential characteristics or purposes that unite the articles enumerated eo nomine under HTS 7117.90.
CBP states that belts do not possess the same essential characteristics as small articles of personal adornment. Belts must be large enough to encircle the waist, which is larger in circumference than a finger, neck or wrist. In addition, according to CBP, belts may be used for their functional and decorative qualities, neither use is clearly primary.
CBP recognizes there has been some inconsistency in the classification of fashion belts. Textile or plastic belts are generally classified as clothing accessories, metal belts have been classified as both clothing accessories and imitation jewelry.
CBP now takes the position that fashion belts are classifiable as clothing accessories regardless of the component materials.
The HTS does not contain a provision specifically for clothing accessories of metal, therefore metal clothing accessories are to be classified according to their constituent materials (i.e. other articles of iron or steel, etc.).
New: according to their constituent materials; previous: 7117.90, 11%
(See ITT's Online Archives or 03/17/08 news, 08031735, for BP summary of proposed HQ H011753, H011755, H011756, H011757, H011758, H011760, H011761, H011762, H011764, H011765, H011766, and H011767.)
May 7, 2008 CBP Bulletin (Vol. 42, No. 20) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/