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HQ 088839


June 26, 1991

CLA-2 CO:R:C:T 088839 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.2090

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

RE: Classification of boys' 100 percent cotton woven denim overalls

Dear Mr. Pencak:

This ruling is in response to your letter of February 27, 1991, on behalf of USA Classic Inc., regarding the classification of certain boys' 100 percent cotton woven denim overalls. The overalls are ordered through a Hong Kong buying agent who has the merchandise manufactured in Hong Kong or the Far East. Actual manufacturer is currently unknown. A sample was received by this office and will be returned under separate cover.

FACTS:

The garment at issue, style NF191-5819/4819, is a boys' 100 percent cotton woven denim overall. The garment has a front bib with a horizontal pocket divided into three segments. The right segment of the pocket has a flap with a button closure; the top edge of the flap has a "nautica" label. The front bib is squared off at the top. The rear bib tapers to form straps that connect to the front bib by means of metal hooks. A "nautica" label is sewn onto the rear bib. There are two front scoop pockets. The right scoop pocket has a change pocket in it. There are two rear pockets below the back pant loops and two additional pockets on the right leg seam below the right rear pocket. The garment has a slight separation between the front and rear panels at the waist on the sides; the separation is secured on each side by two vertical metal buttons. The garment has a defined waist which is encircled by belt loops and a fly front with a zipper closure.

ISSUE:

Is the garment at issue, style NF191-5819/4819, classifiable as a boys' bib and brace overall 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, and 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 garment at issue, style NF191-5819/4819, is, in our view, clearly, commonly and commercially identifiable as an overall. Therefore, it is classifiable as a boys' cotton bib and brace overall 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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