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HQ 083531


August 28, 1989

CLA-2 CO:R:C:G 083531 DSN

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0020

Mr. Valentine Chow
Gelmart Industries, Inc.
2020 129th Street
College Point, N.J. 11356

RE: Classification of swimsuits with belts

Dear Mr. Chow:

This ruling letter is in response to your inquiry of December 8, 1988, regarding classification of swimsuits with belts under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Two samples were provided.

FACTS:

Sample number 86171 is a one-piece knit girls' bathing suit with belt. The bathing suit is composed of 85 percent nylon and 15 percent spandex. The belt is approximately 3 inches wide and has two large buttons of contrasting color at one end and two textile loops at its other end to secure the buttons.

Sample number 86004 is a two-piece knit girls' bathing suit. The upper portion is a halter top and the lower portion contains ruffles. Like the other sample this style has two belt loops and a three inch wide belt. This belt is secured by two metal clips.

ISSUE:

Whether the bathing suits and belts are classified as composite goods.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 3 provides for classification of composite goods.

GRI 3(b) provides that composite goods made up of different components are classified as if they consisted of the component which gives them their essential character. The issues that arise, are whether the belt and bathing suit combination can be said to constitute composite goods, and if so, whether the component that provides the essential character can be determined.

It is our opinion that the bathing suit and belt combination is a composite goods as that term is defined and applied in the HTSUSA. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes define composite goods made up of different components as not only those in which components are attached to each other to form a practically inseparable whole, but also those with separable components, provided these components are adapted one to the other and are mutually complementary, and that together they form a whole, which would not normally be offered for sale in separate parts. We believe that these bathing suits and belt combination fit within this description and definition of composite goods because it is composed of different components, i.e., a bathing suit and a belt, forms a commercial unit, and is not normally offered for sale as separate articles because the belt is specially adapted to the bathing suit by virtue of the fact the bathing suit contains large belt loops to attach the two articles.

Having determined that the samples at issue are composite goods, we still must decide the essential character in order to properly classify the merchandise. According to the Explanatory Notes to GRI 3(b), essential character may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. With regard to the samples at issue, as in virtually every instance involving belt and garment combinations, it is the garment which provides the essential character. The belt is merely an accessory to the garment, and, barring unusual or exceptional circumstances, is not the main reason for the existence of the combination or the primary motivating factor governing the purchase of the two articles. Thus, the bathing suits impart the essential character. See HRL 081619 of October 6, 1988 and HRL 084936 of July 31, 1989 where a similar analysis was used for a trouser and belt combination and a pair of shorts with suspenders.

HOLDING:

The bathing suits and belts are classified under subheading 6112.41.0020, HTSUSA, which provides for track suits, ski-suits and swimwear, knitted or crocheted, women's or girls' swimwear, of synthetic fibers, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, girls' textile category 659, and dutiable at the rate of 26.5 percent ad valorem.

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.

Sincerely,

John Durant, Director

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