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 0084288 - HQ 0084419 > HQ 0084334

Previous Ruling Next Ruling


HQ 084334


August 23, 1989

CLA-2 CO:R:C:G 084334 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.31.0000

Peter Klestadt, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, New York 10017

RE: Classification of certain sequined women's garments

Dear Mr. Klestadt:

This ruling is in response to your letter of April 19, 1989, on behalf of Adrienne Vittadini, Inc., requesting the classification of certain sequined women's garments.

FACTS:

The garments at issue, styles R15033, R13034, R15034 and R15235, are made of 100 percent wool knit fabric. Each style has sequins and beading sewn onto the garment forming a decorative pattern. The garments have long sleeves, round necklines without collars, and full frontal openings. Style R13034 has button closures. Style R15034 has hidden hook and eye closures. Styles R15033 and R15235 have hidden snap closures. All four styles are tailored; none are lined.

The garments will be manufactured in Hong Kong and imported through New York.

ISSUE:

Are the garments classifiable as shirts, tops or jackets?

Are the garments classifiable as textile wearing apparel or as wearing apparel of plastics?

LAW AND ANALYSIS:

The determination of whether these garments are blouses or jackets is based on the styling and construction of the garments and the manner in which we believe they will be principally used. See, United States v. Bruce Duncan Co., 50 CCPA 43, 46, C.A.D. 817 (1963).

These garments are excessively ornamented with embroidery and beading. This alone is not decisive; however, the effect of this excessive ornamentation is. The garments are very heavy and are not lined. Normally, lining is a feature found in jackets, not shirts or tops. In this case, however, the lack of lining and the weight of the garments are the features which lead us to believe these garments will be principally used as jackets and not as shirts or tops.

We do not believe a woman would wear any of these garments next to her skin with nothing more than the usual undergarments. The extensive stitching on the inside of the garments makes them uncomfortable for wear next to the skin.

The overall impression of these garments is that they are jackets and we believe they will be worn as such.

The issue of whether these garments are classifiable as textile wearing apparel or as wearing apparel of plastics arises due to the extensive beading and applique work present on them. The Explanatory Notes, which are the official interpretation of the HTSUS at the international level, state in the general notes to chapter 61 that the classification of goods in the chapter "is not affected by the presence of parts or accessories of, for example, . . ., plastics or metal. Where, however, the presence of these materials constitutes more than mere trimming the articles are classified in accordance with the relative Chapter Notes . . ., or failing that, according to the General Interpretative Rules."

With the exception of perhaps style R15034, we cannot dismiss the beading and applique work on these garments as mere trimming. Therefore, we must look to the chapter notes, and if necessary, the General Rules of Interpretation (GRIs).

Prima facie, taking the beading and applique work into consideration, it would appear the garments could be classified under two headings--heading 3926, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914; and heading 6104, which provides for women's suit-type jackets and blazers, among other things. Examining the chapter notes for chapter 39 and chapter 61, we find that Note 2(l) of chapter 39 excludes from classification within that chapter "goods of section XI (textile and textile articles)."

The garments before us are knit textile jackets with varying amounts of beading and applique work. In chapter 61, we find an eo nomine provision for women's and girls' knitted or crocheted suit- type jackets and blazers. The existence of this eo nomine provision compels us to view the garments before us as "goods of section XI" and, therefore, excluded from classification in chapter 39 by application of Note 2(l). Note 2(l) requires classification "otherwise" than by application of GRI 3(b).

HOLDING:

The submitted garments, styles R15033, R13034, R15034 and R15235, are classifiable as wool jackets in subheading 6104.31.0000, HTSUSA, textile category 435, dutiable at 68.3 cents per kilogram plus 20 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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: