United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0084126 - HQ 0084219 > HQ 0084155

Previous Ruling Next Ruling


HQ 084155


August 8, 1989

CLA-2 CO:R:C:G 084155 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0010

Mr. Andrew P. Vance
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: Classification of a sleep robe and accessories

Dear Mr. Vance:

This is in response to your letter of April 10, 1989, requesting reconsideration of
HRL 083505 SM of April 5, 1989. Reference your client Val Mode Lingerie, Inc.

FACTS:

The merchandise at issue consists of what is stated to be a sleep robe, style 1508/9, composed of 100 percent woven polyester satin. It features short sleeves cut in one piece with the front and back panels, a full-front opening, a straight lower edge, front, neckline and lower edges finished with self-fabric bands, eight inch slits at the sides at the lower edges, a belt loop at the waist on either side, and a single patch pocket on the upper left front. The garment extends to mid-thigh, and is accompanied by a two- inch-wide fabric tie belt five and one-half feet long. A ten- inch-square non-functional handkerchief in a contrasting color was attached to the sample by means of a pin.

In HRL 083505, we held that the above-described merchandise was classified under subheadings 6208.92.0010 for the robe and belt as a composite article, and 6213.90.1000,
HTSUSA, for the handkerchief. We also held that the merchandise was classifiable as a set under GRI 3(b), with the robe providing the essential character.

ISSUE:

Should the robe/belt composite article plus handkerchief still be considered a set, for classification purposes under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA)?

LAW AND ANALYSIS:

In your request for reconsideration, you state that, at the time of importation, the handkerchief will be sewn into the garment, rather than pinned. You state that the intent is to transform the handkerchief into a permanent part of the garment. You also state that the stitching is hand stitching; the folded handkerchief therefore lies fuller in the pocket. You finally claim that this fine hand detail contributes to the garment's ultimate salability.
The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part :

... classification shall be determined according to the terms of the headings and any relative section or chapter notes ....

Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRI's, taken in order.

It is our opinion that when the handkerchief is sewn into the pocket of the robe, it becomes permantly affixed to the robe, an ornamental feature which is part of the garment itself, not part of a set (nor a composite good) with the robe. Under GRI 1, therefore, the robe/belt composite article plus handkerchief is classified as an orna mented robe/belt composite article.

We found in HRL 083505 that the essential character of the robe/belt composite good was imparted by the robe. That analysis is incorporated herein as if repeated verbatim.

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading
6208.92.0010, HTSUSA, textile category 650, as women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, other, of man-made fibers, bathrobes, dressing gowns and similar articles, women's. The applicable rate of duty is 17 percent ad valorem.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Pursuant to section 177.9, Customs Regulations (19 C.F.R @ 177.9), the ruling letter of
April 5, 1989 is modified in conformity with the foregoing.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: