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HQ 950608


January 22, 1992

CLA-2 CO:R:C:T 950608 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3030

Susan Sprung
D. Hauser, Inc.
182-23 150th Avenue
Springfield Gardens
New York, N.Y. 11413

RE: Modification of New York Pre-entry Classification Ruling 865277 (7/31/91); classification of a women's romper; 6114, HTSUSA; man-made fibers; knit; Textile Category Guidelines, CIE 13/88; romper must provide sufficient coverage for adult to wear without additional outer garments

Dear Ms. Sprung:

On July 31, 1991, our New York office issued your client, Joyce Leslie, Inc., New York Pre-entry Classification Ruling (PC) 865277, classifying style number 2137 as a women's unitard. Upon further review, that classification is deemed to be in error.

FACTS:

The submitted sample, style number 2137, is a one-piece knit garment comprised of 52% polyester, 28% cotton, 11% metallic fibers, and 9% nylon. It covers the body in a form-fitting manner from mid-neck to the upper thigh area where it forms shorts. The garment has a turtleneck, long sleeves and leg extensions measuring approximately 3 inches along the inner thigh seam. A zipper, measuring approximately 17 inches, extends down the back of the garment from neck to mid-back. The garment will be imported from Macau.

ISSUE:

Whether the garment at issue is classifiable as a romper under heading 6114 of the Harmonized Tariff Schedule of the United States Annotated?

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI's). 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 headings and legal notes do not otherwise require, the remaining GRI's may be applied in order of their appearance.

Heading 6114, HTSUSA, provides for other knit garments which are not provided for more specifically elsewhere in the Nomenclature. Initially, it would appear that the article at issue is potentially classifiable as a "body suit" within this heading, or as a romper within the "other" statistical breakout.

The Textile Category Guidelines, CIE 13/88, define a body suit as a garment "constructed of finely knit fabric which usually includes lycra or spandex yarns. They cover the wearer's torso ... [and] are designed to be form-fitting and they may be intended for use during exercise, dance or similar athletic activity. Body suits are one-piece garments. Unitards are body suits with arm and leg coverings and are included as body suits." It is apparent that the subject merchandise is not intended to be worn during exercise or athletic activity in the same sense as bodysuits and unitards are. This outfit may be worn for dancing, but it is not intended as exercise wear. Moreover, unitards are not intended to be worn alone as outerwear. The submitted sample, however, is designed in such a manner. This is indicated by the extent of coverage this garment offers, the fabric used (i.e., opaque fabric of metallic fibers) and by the fact that the garment has leg coverings which form a pair of shorts. Because the article at issue is not intended for exercise and is intended to be worn alone as outerwear, it is precluded from classification as a unitard.

A romper is defined in the Guidelines, as "an abbreviated garment joined between the legs and meant to be worn without other attire (outerwear)." The submitted sample meets this definition and provides sufficient coverage so that it may be worn alone as outerwear without accompanying shirt, blouse, skirt or pants. As mentioned supra, the article at issue is designed to be worn as a one-piece shorts outfit; additional garb is not required and classification as a romper is appropriate.

HOLDING:

The submitted sample is classifiable under subheading 6114.30.3030, HTSUSA, which provides for other garments, knitted or crocheted: of man-made fibers: other ... women's or girls', dutiable at a rate of 16.1 percent ad valorem. The textile
category is 237. 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), PC 865277 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 may have with respect to this matter. Any submission you wish to make should be received within 30 days of the date of this letter.

This modification is not retroactive. However, PC 865277 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 PC 865277 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 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 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 issuance of the U.S Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

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