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HQ 088768


April 1, 1991

CLA-2 CO:R:C:T 088768 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.2090, 6203.42.2050

Mr. Richard Pencak
Export-Import Services, Inc.
900 Route 9
Woodbridge, New Jersey 07095

RE: Classification of boys' cotton overalls; Heading 6203, HTSUSA

Dear Mr. Pencak:

This ruling is in response to your submission of February 4, 1991, on behalf of U.S.A. Classic Inc., requesting classification of boy's cotton overalls. The overalls will be imported from Bangladesh through the port of Memphis, Tennessee. A sample was received with your submission and will be returned as requested, under a separate cover.

FACTS:

The submitted sample, style BF191-2845, is a pair of boys' overalls made of 100 percent cotton woven brushed twill fabric. The garment has a front bib which is squared off at the top and has a large horizontal pocket featuring a coin pocket in the upper right corner. The coin pocket is overlaid by a small pocket with a scoop opening. The rear panel of the garment extends upward and tapers to straps that connect to the front bib by means of metal hooks. The garment has two diagonal side pockets, two rear pockets each with a smaller pocket overlaid on it, a small horizontal pocket on the left leg and a wraparound pocket on the right leg. On each side of the garment at the waist are side openings secured by three metal buttons. There are two hammer loops on the right side front pocket and a single hammer loop between the two rear pockets. A "Bum" logo is sewed on the bib pocket and on the left rear pocket. The garment has a simulated fly and a defined waist on the front panel, but not on the rear panel. The trousers portion of the overalls has print fabric cuffs. The fabric matches that used on the inside of the bib straps.

Invoices with illustrations of styles BF291-2855, BF291- 1855, BF191-2845 and BF191-1845 were also received with your letter and sample. The garments depicted in the illustrations appear to be basically the same.

ISSUE:

Are styles BF291-2855, BF291-1855, BF191-2845 and BF191- 1845, represented by the sample of style BF191-2845, classifiable as boys' bib and brace overalls of heading 6203, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Heading 6203, HTSUSA, provides for, among other things, men's and boys' bib and brace overalls. The Explanatory Notes, which are the official interpretation of the HTSUSA at the international level state, at page 833, that the term "bib and brace overalls" means garments of the type illustrated, on page 834, and similar garments which do not cover the knee.

In HRL 088677 of March 15, 1991, Customs addressed the significance of the illustrations in the Explanatory Notes and the meaning of the term "bib and brace overalls" for tariff purposes. In that ruling, Customs determined that "absent a clear and reasonable description in the Explanatory Notes, which we do not find in this instance, Customs will apply the common and commercial meaning to [the term bib and brace overalls]. Therefore, if a trousers-like garment has a full front bib, over the shoulder straps, and is commonly and commercially known as overalls, that garment is classifiable under the appropriate subheadings for bib and brace overalls.

HOLDING:

The garments at issue, styles BF291-2855, BF291-1855, BF191- 2845 and BF191-1845, are, in our view, clearly, commonly and commercially identifiable as overalls. Therefore, they are classifiable as boys' cotton bib and brace overalls in subheading 6203.42.2090, HTSUSA, textile category 359, dutiable at 11 percent ad valorem. However, if imported in boys' sizes 2-7, the garments will be classified in subheading 6203.42.2050, HTSUSA, textile category 237, dutiable at 11 percent ad valorem

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection at your local Customs office.

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

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