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HQ 086344


July 5, 1990

CLA-2 CO:R:C:G 086344 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0010

Ms. Carol Molesworth
Walt Wear Apparel
Hampton Industries, Inc.
15 West 34th Street
New York, New York 10001-3060

RE: Modification of HRL 081555 issued November 3, 1988

Dear Ms. Molesworth:

On November 3, 1988, a classification ruling was issued (HRL 081555) classifying a work suit and carrying bag. Upon further consideration, that ruling is determined to be in error.

FACTS:

The sample coveralls are a one-piece garment with a woven shell of 100 percent nylon coated with a silverized polyurethane plastic on the underside. The lining of the garment is of a woven man-made fiber fabric quilted to a nonwoven polyester batting. A two-inch-wide flap snaps over the metal zipper down the length of the center front. There is also a zipper along the outside seam of each leg. Rib-knit cuffs are concealed inside the sleeve edges. There is a strip of reflecting tape around the upper portion of each sleeve just below the seam joining the garment and sleeve. The back waist is elasticized; there is a belt which has a metal clasp at the center front. The coveralls also feature four pockets with snaps, two on the chest and two below the waist. A hood with a drawstring attaches to the collar with snaps. A bag is of the same fabric as the outer portion of the coveralls. It fits tightly around the rolled-up garment. It has a round base, a drawstring at the top, and a two-inch wide carrying stap along one side.

That ruling determined that the carrying bags sold with the work suit were classifiable with the garment because the bags were specially shaped or fitted to contain a specific article.

ISSUE:

Whether the carrying bags are classifiable separately under the Harmonized Tariff Schedule of the United States Annotated

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 the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

GRI 5(a) provides that containers specially shaped or fitted to contain specific articles, suitable for long-term use and entered with the articles, shall be classified with such articles when of a kind normally sold therewith. In addition, pursuant to GRI 5(b), packing materials and packing containers are also classified with the goods. However, the provision does not apply if the packing materials and packing containers are clearly suitable for repetitive use. For the purposes of GRI 5(b), the term "repetitive use" is interpreted to mean use with goods of the kind presented in the packing container. It is Customs position that the subject carrying bag does not meet the requirements of either GRI 5(a) or (b). The carrying bag is not specially shaped or fitted to contain the work suit and is suitable for repetitive use.

On considering whether the garment and carrying bag constitute composite goods under the Harmonized Tariff Schedule, we note the following criteria set forth under paragraph (IX) of Rule 3(b) of the Explanatory Notes:

For the purposes of this Rule, composite goods made up of different components shall be taken to mean not only those in which the 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.

It is our view that the work suit and carrying bag is a composite good as that term is defined and applied in the HTSUSA. GRI 3(b) provides that composite goods shall be classified as if they consisted of the component which gives them their essential
character. The work suit is classifiable in heading 6211, HTSUSA, and the carrying bag is classifiable in heading 6307, HTSUSA. With respect to the subject goods, the work suit imparts the essential character. Therefore, both the work suit and carrying bag are classifiable in subheading 6211.33.0010, HTSUSA.

HOLDING:

The work suit and carrying bag are classifiable in subheading 6211.33.0010, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments, of man-made fibers; coveralls, jumpsuits and similar apparel; other, men's. The rate of duty is 17% ad valorem and the textile category is 659.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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.

HRL 081555 is modified accordingly pursuant to 19 CFR 177.9(d). This notice is not to be applied retroactively to HRL 081555 (19 CFR 177.9(d)(2)(1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, HRL 081555 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to the release of HRL 081555 will be classified under the new ruling.

If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

Sincerely,


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