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HQ 951078


March 5, 1992

CLA-2 CO:R:C:T 951078 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6204.53.3010

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
1515 Broadway
New York, New York 10036

RE: Modification of DD 869359; ensemble provision not applicable; classify separately as a blouse and skirt.

Dear Mr. Stack:

On December 19,1991, our New York office issued you District Decision (DD) 869359, classifying a blouse and skirt under the ensemble provisions. Upon further review, that classification is deemed to be in error and is accordingly modified.

FACTS:

The items consisted of a ladies' blouse and skirt manufactured of identical woven solid blue colored fabric composed of 53% polyester and 47% acetate. The sleeves of the blouse featured a design created by a decorative arrangement of gold colored metal nailheads which had no counterpart on the skirt.

DD 869359 classified the blouse under subheading 6204.23.0055, Harmonized Tariff Schedule of the United States Annotated (HTUSA), which provides for women's or girls' ensembles: of synthetic fibers: blouses and shirts. The skirt was classified under subheading 6204.23.0035, HTUSA, which provides for women's or girls' ensembles: of synthetic fibers: skirts and divided skirts.

ISSUE:

Whether the subject merchandise is classifiable under the ensemble provisions of subheadings 6204.23.0055 and 6204.23.0035, HTUSA or as separate classifications of blouse and skirt under subheadings 6206.40.3030 and 6204.53.3010, HTUSA, respectively?

LAW AND ANALYSIS:

Classification of merchandise under the HTUSA is in accordance with the General Rules of Interpretation (GRIs) taken in order. The GRIs require that classification be determined according to the terms of headings and any relative section or chapter notes, taken in order.

Subheading 6204.23.055, HTUSA, provides for Women's or girls' ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): of synthetic fibers: blouses and shirts. Subheading 6204.233.0035, HTUSA, provides for Women's or girls' ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): of synthetic fibers: skirts and divided skirts.

Chapter 62 Note 3(b) states:

The term "ensemble" means a set of garments (other than suits and articles of heading 6207 or 6208) composed of several pieces made up in identical fabric, put up for retail sale...

All of the components of an ensemble must be of the same fabric construction, style, color and composition...(emphasis added).

The two garments are manufactured from identical woven fabric composed of 53% polyester and 47% acetate yarn. The blouse is assembled from eight panels sewn together lengthwise. The short hemmed sleeves are decorated with nailheads. The garment features a round collarless neckline, a full front opening secured by five metal buttons and a hidden snap at the neck. The skirt has a partially elasticized waistband with a rear opening secured by both a zipper and a hook with a loop fastener.

Although the blouse and skirt are of the same fabric construction, they are of different color and composition. The skirt is blue and textile while the blouse is blue and gold and of different composition, namely textile and metal respectively. The sleeves of the blouse feature a design consisting of a decorative arrangement of gold colored metal nailheads not found in the companion skirt.

By virtue of the absence of that decorative arrangement, the blouse and skirt do not meet the requirements of Chapter 62 Note 3(b), namely that the components of an ensemble be, inter alia, of the same fabric construction, style, color and composition.

HOLDING:

The subject merchandise is classifiable separately as a blouse and skirt in subheadings 6206.40.3030 dutiable at 28.6% ad valorem in textile category 641, and 6204.53.3010 dutiable at 17% ad valorem in textile category 642, respectively. The rates of duty and textile categories remain the same as in DD 869359.

In order to ensure uniformity in Customs classification of this merchandise and eliminate uncertainty, pursuant to section 177.9 (d) (1), Customs Regulations (19 CFR 177.9 (d) (1)), DD 869359 is modified to reflect the above classification effective with the date of this letter. If after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter. Any submission should be received within 30 days of the date of this letter.

This modification is not retroactive. However, DD 869359 will not be valid for importations of the subject merchandise arriving in the United States after the date of this notice. We recognize that pending transactions may be adversely affected (i.e., merchandise previously ordered and arriving in the United States subsequent to this modification will be classified accordingly). If it can be shown that you relied on DD 869359 to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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 negotiations and changes, to obtain the most current information available, we suggest that your client check, close to 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 at the 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 the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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