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HQ 088810

June 12, 1991

CLA-2 CO:R:C:T 088810 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.2010

Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1233 20th Street, NW
Washington, D.C. 20036

RE: Ladies shortalls; classifiable bib and brace overalls heading 6204, HTSUSA

Dear Mr. Lai:

This is in reference to your letter of March 4, 1991, on behalf of MGV Fashion Group Inc., requesting classification of women's short leg overalls under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

Two garments were submitted for our inspection. The first, style ref. MEA 809, is a pair of woven, 100 percent cotton bib overalls which you state are made for women. The garment has a colorful print of rose and other designs on a white and yellow striped backround. There is an 8 1/2 inch front bib rise with a horizontal cut top edge, which is permanently stitched onto the waist; it also has a front pocket and a metal button on each top hand corner. The rear bib rise is approximately 8 inches long with a tapered construction which is narrowest at the top. It divides into two self-fabric suspenders which extend over the shoulders, and clasp onto the front bib buttons with fitted metal clasps.

Three belt loops surround the 33 inch waist; two buttons each are sewn vertically onto the right and left side of the pants portion of the garment. There are front slash pockets from hip to waist, and two large rear pockets. The legs of the garment are short, reaching to above the knee.

The second garment, style ref. NAD 826, is also of 100 percent woven cotton, constructed exactly as above except that is of a blue and white striped design.
2

ISSUE:

Whether the garments at issue are classified under the provision for bib and brace overalls under heading 6204, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), 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. Where goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRI may be applied, in the order of their appearance.

Heading 6204, HTSUSA, provides for, inter alia, women's or girls' bib and brace overalls, not knitted or crocheted. The Explanatory Notes ("EN"), the official interpretation of the HTSUSA at the international level, state that the provisions of the Explanatory Notes to heading 61.04, apply mutatis mutandis to the articles of this heading (heading 62.04). EN 61.03 note (E) states that "bib and brace overalls" means garments of the type illustrated in figures 1 to 5 and similar garments which do not cover the knee. The merchandise at issue is substantially similar to that which is depicted in figure 5; it has a front and rear bib rise above the natural waistline, with suspender straps, a pocket on the front bib, side slash and back pockets on the pants portion of the garment. The garment in fact looks identical to that which is depicted in the illustrated figure; the short, above-the-knee pant legs are encompassed by the Explanatory Note above which allow for "similar garments which do not cover the knee."

Consideration of this merchandise under heading 6210, HTSUSA, which provides for other garments, not knitted or crocheted, is thus precluded by GRI 1, which requires that the terms of the headings be given primary weight for purposes of classification. Since the terms of heading 6204 specifically include the merchandise at issue, it is inappropriate to continue consideration of subsequent headings and subheadings but for the findings indicated below.

HOLDING:

The merchandise at issue is classified under subheading 6204.62.2010, HTSUSA, which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of cotton: other: bib and brace overalls, other: women's, textile category 359, dutiable at a rate of 9.5 percent ad valorem.

3

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 your client check, close 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 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, your client should contact its local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The sample will be returned to you under separate cover, as requested.

Sincerely,

John Durant, Director
Commercial Operations Division

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