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NY 853961

July 26, 1990
CLA-2-62:S:N:N3I:361 853961

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4010; 7326.90.9090

Mr. J.F. Fritz
Norman Krieger, Inc.
P. O. Box 92599
Los Angeles, California 90009

RE: The tariff classification of two pairs of women's 100% cotton woven denim jeans with attached key chains from Hong Kong and Korea.

Dear Mr. Fritz:

In your letter dated June 18, 1990, received in this office on June 29, 1990, you requested a classification ruling on behalf of your client L.A. Gear.

The submitted samples are two pairs of women's denim jeans with attached steel key chains. Style 111305 is 100% cotton woven denim jeans with a steel chain attached to the belt loop at the waist. A 1.25 inch diameter round metal tag with the words "L.A. GEAR" is attached to the steel chain. Style FHJ105H is 100% cotton woven denim jeans with a steel chain attached to the belt lop at the waist. A 1.25 inch square plastic tag with the words "L.A. GEAR" is attached to the steel chain.

Your samples are being returned as requested.

In your letter, you ask whether the garments with the key chains may be classified as composite goods under the Harmonized Tariff Schedules. To be considered composite goods, the key chain and jeans would have to form a whole which is not normally offered for sale in separate parts. Since both jeans and key chains similar to the submitted samples are normally sold separately, they do not fulfill this aspect of the composite goods definition. As such, the jeans and key chains are classifiable separately.

The applicable subheading for the denim jeans will be 6204.62.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ...trousers, woven, of cotton, denim. The rate of duty will be 17.7 percent ad valorem.

The steel and metal key chain as well as the steel and plastic key chain are considered composite goods, consisting of different materials or made up of different components. This item shall be classified as if it consisted of the material or component which gives it its essential character. In this instance, the steel key chain imparts the essential character. The applicable subheading for steel key chains will be 7326.90.9090 Harmonized Tariff Schedules of the United States (HTS) which provides for other articles of iron or steel, other. The rate of duty will be 5.7 percent ad valorem.

Since each of the items is considered a separate article of commerce, each would have to be marked with the country of origin, thus the jeans and the metal key chain would be marked Made in Hong Kong, while the plastic key chain would be marked "Key Chain Made in Korea."

The denim jeans fall within textile category designation 348. Based upon international textile trade agreements, products of Hong Kong are subject to visa 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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