HQ 0085171 - Protest 1001-7-004226, ladies sequined silk blouse and pants - United States International Trade Commision Rulings

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HQ 085171

November 30, 1989

CLA-2 CO:R:C:G 085171 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 384.27, 741.50

District Director
JFK Area
JFK Airport, Bldg. 178
Jamaica, New York 11430

RE: Protest 1001-7-004226, ladies sequined silk blouse and pants

Dear Sir:

The following is our decision regarding protest 1001-7- 004226, dated March 26, 1987. At issue is the classification under the Tariff Schedule of the United States (TSUS) for certain ladies sequined silk pants and a blouse.

FACTS:

The merchandise in question are ladies silk pants and a blouse which are covered with sequins. The clothing is invoiced as "fully beaded" garments. A sample is ot available. According to the information in our file, the silk fabric composing the blouse and the majority of the fabric in the pants is not visible to the observer. Apparently, the waist band of the pants is the only part of the garment not covered with the sequins. The pants and blouse are imported from Hong Kong by He-Ro Industries, Inc.

The protestant claims that the goods are classifiable within Item 741.50, TSUS, as "Articles not specially provided for, of beads, of bugles, of spangles, of imitation gemstones, or of any combination thereof..." The articles were classified within Item 384.27, TSUS, as "...women's, girls' or infants wearing apparel, ornamented...trousers, slacks, and shorts..."

ISSUE:

Whether the sequins covering the silk pants and blouse constitute ornamentation of clothing for the articles to be classified within Item 384.27, TSUS.

LAW AND ANALYSIS:

The concept of "ornamentation" is found within Schedule 3, headnote 3, TSUS. One of the requirements for an article of wearing apparel to be "ornamented" is that "such textile fabric remains visible, at least in significant part, after ornamentation..." Schedule 3, headnote 3(b), TSUS.

It has been our position that where sections of fabric are visible due to the inability to cover the area without overlapping sequins or due to imperfections in handwork, then the fabric is not significantly visible. When small amounts of fabric are only observable upon close scrutiny, the fabric is not considered visible in significant part.

In the present situation, the waist band of the pants is intentionally left uncovered so that the silk material is completely visible. It is the opinion of this office that the uncovered waistband does not create a visible significant part of the trousers. Depending on how the blouse is worn or whether a belt is used, the waistband would not be visible. Further, it would be impractical for the comfort of the wearer to cover the waistband with sequins.

We conclude, therefore, that the sequined silk blouse and pants are properly classified within Item 741.50, TSUS. The items are so thoroughly covered with sequins that they are not merely "ornamented" within the meaning of Schedule 3.

HOLDING:

The He-Ro Industries, Inc. sequined silk blouse and pants should be classified within Item 741.50, TSUS. The protest should be granted. A copy of this decision should be forwarded to the protestant with the Form 19, grant of protest.

Sincerely,

John Durant, Director
Commercial Rulings Division

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