The tariff classification and status under the North American Free Trade Agreement (NAFTA) of the Wellness Belt from China

N183815 October 4, 2011 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9506.91.0030 Dr. Craig Curphey Wellness Belts Inc. 166 Saunders Road, Unit #2 Barrie, Ontario Canada L4N 9A4 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of the Wellness Belt from China Dear Dr. Curphey: In your letter dated August 31, 2011, you requested a tariff classification ruling. Two versions of the Wellness Belt, the “Classic Belt” and the “Diva Belt,” were received with your inquiry. The items are referred to as “weighted wardrobe belts” as they are designed to look, as you state, like an article of clothing suitable to wear at any work or social situation. The Diva Belt is more decorative than the Classic as it has rhinestones and a more elaborate buckle. However, each belt contains 5 to 14 pounds of weight. It is designed to be worn around one’s hips, just below the waist. In literature included with your submission, it states that one may start wearing the belt full time or for a short time each day while slowly increasing the hours worn in order to achieve maximum physical conditioning. Wearing the belt forces one’s legs and trunk muscles to be exerted more while performing everyday activities such as standing, walking or even climbing a flight of stairs. Other benefits of wearing the belt include stamina building, weight loss and eliminating chronic back pain. In your request you suggest classification of the Wellness Belts under subheading 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made-up clothing accessories, other than those of heading 6212. However, the Wellness Belt is not considered a clothing accessory. It does not exhibit the relationship with clothing necessary to be considered an accessory nor does it adorn or accent clothing or serve a utilitarian purpose such as securing pants. The Wellness Belt is more appropriately classified as an article used for general physical exercise in Chapter 95. The applicable subheading for the Wellness Belts will be 9506.91.0030, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; parts and accessories thereof: Other: Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof...Other." The rate of duty will be 4.6% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. As for whether the Wellness Belts are eligible for NAFTA, General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as “goods originating in the territory of a NAFTA party” only if-- (i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or (ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that-- (A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or (B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or (iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or Since the Wellness Belt is comprised of several components originating in a country other than Mexico, Canada or the United States, General Note 12(b)(i), HTSUS, does not apply. Therefore, we must next refer to General Note 12(b)(ii)(A) and examine whether the non-originating components incorporated into the Wellness Belts undergo the required change in tariff classification. General Note 12(b)(ii)(A), HTSUS, specifies in part that merchandise will qualify as originating goods for NAFTA eligibility if each of the non-originating materials – in this case, the leather accent, adjustment tab, buckle tab and buckle – undergoes a change in tariff classification described in subdivision (t). The rule applicable to merchandise classifiable in this heading is found in General Note 12(t), Chapter 95, Rule 9, which requires “a change to headings 9506.40 through 9506.99 from any other chapter.” Based on the information supplied, since the non-originating components of the Wellness Belt are classified in tariff headings other than subheadings 9506.40 through 9506.99, the requirements of the rule have been met. Therefore, the Wellness Belt will qualify for NAFTA preferential treatment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Forkan at (646) 733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division