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HQ 083210


November 15, 1989

CLA-2 CO:R:C:G 083210 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.9040

Steven W. Baker, Esq.
Bellsey and Baker
100 California Street
Suite 670
San Francisco, CA 94111

RE: Statistical suffix applicable to garments

Dear Mr. Baker:

This letter is in reply to your letter of December 7, 1988, on behalf of Esprit de Corp., San Francisco, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for certain women's garments.

FACTS:

The two samples submitted are a woven women's pull-on short (style 56240), and a woven pull-on pant (style 56241). According to the information you provided both samples are made from a 54% linen, 46% cotton (by weight) fabric. Both garments have an elasticized waist, two side pockets with 100% cotton lining, and an elastic belt which is imported and sold together with the garments.

ISSUE:

How are the garments classified under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

In your letter you requested a ruling concerning the statistical suffix applicable to the subject garments and the appropriate textile quota category. You bring up the question of how Statistical Note 2 to Section XI, HTSUSA, is properly interpreted. It is Customs position that, as presently written, the proper interpretation and application of Note 2 is that only the portion of the garment which determines classification under GRI 3 shall be taken into account. Accordingly, the lining, belt, elastic, or other trimming is not taken into account when classifying a garment.

Based on the above interpretation, the subject garments are classifiable on the basis of the linen/cotton blend fabric. The garments are 54% linen and it is the linen that would be used to classify the garments at the eight digit level. Therefore, the garments are classifiable as other textile materials in subheading 6204.69.9050, HTSUSA.

HOLDING:

The subject garments are classiable in subheading 6204.69.9050, HTSUSA, which provides for women's or girls' ...trousers, bib and brace overalls, breeches and shorts..., trousers, bib and brace overalls, breeches and shorts, other, other. The textile category is 847 and the rate of duty is 3 percent ad valorem.

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

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

The samples you submitted will be returned to you under separate cover.

Sincerely,

John Durant, Director
Commercial Rulings Division

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