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HQ 088434


March 26, 1991

CLA-2 CO:R:C:T 088434 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.2010; 6203.42.2090; 6203.42.2050

Ms. Saralee Antrim
Carmichael International Service
P.O. Box 54772, Terminal Annex
Los Angeles, CA 90054-0772

RE: Classification of men's and boys' shortalls; classifiable as bib and brace overalls in Heading 6203

Dear Ms. Antrim:

This letter is in response to your inquiry of November 26, 1990, on behalf of Darvel Inc., requesting tariff classification of men's and boys' shortalls. A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as style 5-14343, is a pair of shortalls for men made of 100 percent woven cotton fabric. The bib is square at the top and has a flapped horizontal pocket with snap closures. The rear panel extends upward to nearly the wearer's shoulders and has straps sewn to it that connect to the front bib by metal hooks. There are two front side pockets, which have snap closures, and two rear pockets. At the side of each front pocket on each seam is an opening with a three button vertical closure. Below the left rear pocket is a hammer loop. The merchandise has a fly front with a zippered closure. The leg openings extend to just above the knees, and there is a non-functional tab with a snap closure at the bottom of each leg opening. The garment has a defined waist on its front portion, but not in its rear portion.

You state that this merchandise will be imported in men's sizes, boys' sizes 8-20, and boys' sizes 4-7.

ISSUE:

Whether the shortalls at issue are classifiable as bib and brace overalls under subheading 6203.42 of the Harmonized Tariff Schedule of the United States Annotated (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 or boys' bib and brace overalls, among other articles. Subheading 6203.42, HTSUSA, provides for men's or boys' bib and brace overalls, of cotton.

The Explanatory Notes are the official interpretation of the HTSUSA at the international level. They state concerning Heading 6203 that the term "bib and brace overalls" means garments of the type illustrated in figures 1 to 5, at page 834, and similar garments which do not cover the knee.

The merchandise at issue differs slightly from the bib and brace overalls illustrated in the Explanatory Notes. For example, the rear panel extends to nearly the wearer's shoulders. In addition, this merchandise does not cover the knee and does not have a defined waist. We do not believe that these differences should preclude classification of the submitted merchandise as bib and brace overalls.

In Headquarters Ruling Letter (HRL) 088677, dated March 15, 1991, we ruled on the classification of a women's overall that was not illustrated in the Explanatory Notes. We stated that in determining whether garments were classifiable as "bib and brace overalls," Customs would apply the common and commercial meaning to that term instead of rigidly adhering to the illustrations of the Explanatory Notes. In addition, in HRL 087340, dated September 19, 1990, we ruled that a shortall, which was not illustrated in the Explanatory Notes, was classifiable as a bib and brace overall.

The Modern Textile and Apparel Dictionary, 1973, defines overalls as "a loose fitting trouser constructed with bib, pockets, and top straps." It also defines bib overall as "an overall made with a cloth portion above the waistband in front designed to protect the upper clothing. The bib is held in place by suspenders over the shoulders." The merchandise at issue clearly meets the definition of overalls. Even though this merchandise differs slightly from the illustrations in the Explanatory Notes, we believe that the shortalls at issue fall within the common and commercial meaning of bib and brace overalls. Therefore the merchandise at issue is classifiable under subheading 6203.42, HTSUSA, which provides for men's or boys' bib and brace overalls, of cotton.

HOLDING:

If imported in men's sizes, the merchandise at issue is classified under subheading 6203.42.2010, HTSUSA, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of cotton, other, bib and brace overalls, other, men's. The rate of duty is 11 percent ad valorem, and the textile category is 359.

If imported in boys' sizes 8-20, the merchandise at issue is classified under subheading 6203.42.2090, HTSUSA, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of cotton, other, bib and brace overalls, other, other. The rate of duty is 11 percent ad valorem, and the textile category is 359.

If imported in boys' sizes 4-7, the merchandise at issue is classified under subheading 6203.42.2050, HTSUSA, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of cotton, other, bib and brace overalls, other, boys', sizes 2-7, other. The rate of duty is 11 percent ad valorem, and the textile category is 237.

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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