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HQ 089422


September 17, 1991

CLA-2 CO:R:C:T 089422 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.39.8060, 6204.69.9044

Edward N. Glad, Esq.
Glad & Ferguson
606 South Olive Street
Suite 1700
Los Angeles, CA 90014

RE: Classification of a women's pants suit; jacket and pants; not of identical colors; not a suit; heading 6204

Dear Mr. Glad:

This ruling is response to your request of May 22, 1991, on behalf of Pan Pacific Wholesalers, Inc., for the classification of a women's pants suit. The pants suit will be imported from Hong Kong or the People's Republic of China.

FACTS:

The garments at issue consist of a jacket and pants which we will assume are to be sold as a unit since in your request you consistently refer to them as a suit.

The jacket, style 5499, and the pants, style J511, are each made of 55 percent ramie/45 percent cotton woven fabric. The jacket is fully lined with a woven fabric we will assume is man- made. The jacket is constructed with six panels sewn together vertically: two rear, two side, and two front. The jacket features a full front opening secured by a single button, a lapel collar, long sleeves without cuffs and with three buttons at the wrist, and two front pockets below the waist. The jacket is solid green with a solid black one-inch wide integrally constructed border at the collar, front opening and pocket edges.

The pants feature a high waist with a notch in the center back, a pleated front, a zippered front fly secured by two buttons, three belt loops, two front pockets with slant openings, and two rear pockets each secured by a button. The pants are solid green.

You have also requested a classification decision regarding ladies' suits made up of different colored squares, all of 55 percent ramie/45 cotton. However, no sample garment was submitted.

ISSUE:

Are the submitted jacket and pants classifiable as a women's suit or must the garments be separately classified?

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]."

Note 3(a) to Chapter 62, Section XI, states in pertinent part:

(a) The term "suit" means a set of garments composed of two or three pieces made up in identical fabric and comprising:

- one garment designed to cover the lower part of the body and consisting of trousers, breeches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces nor bibs, and

- one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in addition.

All of the components of a suit must be of the same fabric construction, style, color and composition; they must also be of corresponding or compatible size.

The Explanatory Note to heading 6204, which constitutes the official interpretation of the HTSUSA at the international level, states that the provisions of the Explanatory Note to heading 6104 apply, mutatis mutandis, to the articles of heading 6204. With regard to the jacket component of a suit, Explanatory Note (A) to heading 6104 states in pertinent part:

- one suit coat or suit jacket the outer shell of which (exclusive of sleeves, and facings or collar, if any) consists of at least four panels (two in front and two at the back) sewn together lengthwise, designed to cover the upper part of the body, with a full front opening without a closure or with a closure other than a slide fastener

In your letter of May 22, 1991, you state: "We appreciate that were the suit to be all of one fabric or color it would fall with Heading 6204.19.30.90.5 and require a visa under Category 844." In this instance, the components of the suit are not of the same color. The trousers are green; the jacket is green and black. The legal note in Chapter 62 regarding suits specifically requires that all components must be, inter alia, of the same color. The black border on the jacket is not repeated anywhere on the trousers. Therefore, the components fail to meet the requirements for classification as a suit under the HTSUSA.

Regarding the suits of different colored squares, without a sample it is not possible to furnish a specific classification decision. However, you should note that the requirements of Note 3(a), Chapter 62, Section XI, HTSUSA, are strictly applied in determining classification of garments as suits.

HOLDING:

The submitted garments are not classifiable as a suit because they are not of the same color. The jacket is classifiable as a women's suit-type jacket, of other textile materials, in subheading 6204.39.8060, HTSUSA, textile category 835, dutiable at 6.7 percent ad valorem. The trousers are classifiable as trousers of other textile materials in subheading 6204.69.9044, textile category 847, dutiable at 3 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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