HQ 0086007 - Classification of men's woven trousers - United States International Trade Commision Rulings

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HQ 086007

January 29, 1990

CLA-2 CO:R:C:G 086007 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.49.3045

Mr. Bob Maraldo
Henry Grethel
1155 Avenue of the Americas
New York, N.Y. 10036

RE: Classification of men's woven trousers

Dear Mr. Maraldo:

This letter is in response to your inquiry of October 27, 1989, on behalf of Henry Grethel, requesting tariff classification of men's woven trousers from Hong Kong under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted for examination.

FACTS:

The submitted sample, designated as style P-8992, is a pair of men's woven trousers, which have an outer shell composed of a blend of 55 percent linen and 45 percent cotton fabric. Its waistband lining and pocketing are composed of a blend of 65 percent polyester and 35 percent cotton fabric. The sample has two side seam pockets, two rear pockets, a fly front with a zipper closure, and a button closure at the waist. Belt loops encircle the waist of the pants.

ISSUE:

Whether the waistband lining and pocketing affect classification of the sample trousers within Heading 6203, 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 classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6203, HTSUSA, provides for men's trousers that are not knitted or crocheted. The submitted men's woven trousers are classifiable in this heading.

The issue that remains is whether the waistband lining and pocketing affect the classification of the submitted trousers. The Explanatory Notes, which constitute the official interpretation of the HTSUSA at the international level, state for Chapter 62 the following:

The classification of goods in this Chapter is not affected by the presence of parts or accessories of, for example, knitted or crocheted fabrics, furskin, feather, leather, plastics or metal. Where, however, the presence of such materials constitutes more than mere trimming the articles are classified in accordance with the relative Chapter Notes (particularly Note 4 to Chapter 43 and Note 2(b) to Chapter 67, relating to the presence of furskin and feathers, respectively), or failing that, according to the General Interpretive Rules.

The Explanatory Notes to Heading 6217 contain a partial listing of articles considered to be "parts" and "accessories." That listing includes items such as linings, pockets, collars, and cuffs.

The waistband lining and pockets of the submitted trousers are parts or accessories which would not be considered more than mere trimming. Therefore, they would not affect the classification of the submitted trousers.

The composition of the outer shell, made of a blend of 55 percent linen and 45 percent cotton, would determine the applicable subheading for classification of the submitted trousers. According to Subheading Note 2(A) to Section XI, "Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials." Note 2(A) to Section XI states that goods classifiable in chapters 50 to 55 or in Heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material. The linen predominates by weight in the outer shell, and the submitted trousers are classifiable accordingly.

HOLDING:

The submitted trousers are classified in subheading 6203.49.3045, HTSUSA, which provides for articles of apparel and clothing accessories, not knitted or crocheted, men's trousers, of other textile materials, other, trousers and breeches, other, other. The rate of duty is 3 percent ad valorem and the textile category is 847.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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