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HQ 953237


February 2, 1993

CLA-2 CO:R:C:T 953237 CMR

CATEGORY: CLASSIFICATION

TARIFF NO: 6204.19.3090

Sherry L. Singer, Esq.
Singer & Singh
525 Seventh Avenue
Suite 1103
New York, New York 10018

RE: Modification of DD 880629 of 12/22/92, DD 880630 of 12/22/92, DD 880632 of 12/16/92, DD 880633 of 12/17/92, DD 880636 of 12/22/92, DD 880637 of 12/22/92, DD 880639 of 12/17/92, DD 880640 of 12/17/92 and DD 880631 of 12/21/92; jacket v. blouse; ensemble v. suit

Dear Ms. Singer:

This ruling is in response to your submission of December 24, 1992, and subsequent submissions on behalf of your client, Louise Paris Ltd., regarding the classification of certain garments which were the subject of nine district rulings issued in mid-to-late December. The garments will be imported from China.

FACTS:

The various styles are all made of 55 percent ramie/45 percent cotton woven fabric. Each style consists of an upper body garment and a lower body garment. The lower body garment is a pair of shorts. The following descriptions of the sample garments submitted to Customs are taken from the various district rulings at issue herein.

DD 880629 of December 22, 1992

Style 7586BM--The upper body garment features a fold down collar with notched lapel; a full frontal opening secured by four metal buttons; shoulder pads; short hemmed sleeves; two front pockets below the waist with flaps and a decorative button; and a hemmed bottom. The matching shorts have a partially elasticized waistband with two metal buttons at the front, a partial front -2-
zipper opening, front pleats and hemmed leg openings. The blouse collar and sleeves and the bottom of the shorts are trimmed with white edging.

DD 880630 of December 22, 19992

Style 7524BM--The upper body garment features a full frontal opening with a six button closure; a squared neckline having a slight V-shape at the bottom and having five quarter-inch vertical strips at each shoulder; short, hemmed sleeves; welt pockets with flaps, located below the waist; rear, princess seams; shoulder pads; partial lining of back of garment; and a hemmed bottom. The shorts feature a fly with a zipper and two button closure; a waistband elasticized in the rear; a small, half-welt pocket below the front, right waistband ; three pleats, and a hemmed bottom.

DD 880632 of December 16, 1992

Style 7518M--The upper body garment features a notched collar, a full front opening with four button closures, short hemmed sleeves, shoulder pads, princess seams in the front and back, two flapped inset pockets below the waist, two flaps which simulate pockets on the chest and a hemmed, scalloped bottom. The shorts feature a waistband which is elasticized in the back, a fly front zippered opening with a button closure on the waistband, and hemmed leg openings which are scalloped around the bottom.

DD 880633 of December 17, 1992

Style 7541BM--The upper body garment has a full frontal opening secured by four buttons, a V-neckline with a wide shawl collar, short sleeves, shoulder pads, pockets below the waist on the front, and a flaps simulating pockets above the actual pockets. The shorts feature a front opening with a zipper closure and a single button at the top, elasticized waistband in the rear, and front pleats.

DD 880636 of December 22, 1992

Style 7490M--The upper body garment features a double- breasted full front opening with a visible two button closure and an additional single button closure on the inside. The garment also features a V-neckline and two pockets below the waist. The shorts have a partially elasticized waistband, two side pockets, and a zipper closure in the back.

DD 880637 of December 22, 1992

Style 7653M--The upper body garment features a full front opening secured by three outside buttons and one inner button, shoulder pads, pockets below the waist, short sleeves and a large collar. The shorts are knee-length and feature a partially elasticized waistband, a fly-front zipper opening with a single button closure and side pockets.

DD 880639 of December 17, 1992

Style 7648M--The upper body garment features a full front opening secured by four large gold buttons, two front pockets which are at or below the waist, short sleeves, shoulder pads, and notched lapels. The shorts feature a partially elasticized waistband with a front button closure, a zippered fly front, two front pockets and one rear pocket.

DD 880640 of December 17, 1992

Style 7529BM--The upper body garment features a full front opening with a three button closure, a shawl-type collar which forms a shallow V-neckline, short sleeves, and two inset pockets with flaps below the waist. The shorts have a partially elasticized waistband, a fly front zipper opening with two buttons at the waist, two inset pockets and four pleats on the front. Braiding is overlaid on the collar and the waistband of the short.

DD 880631 of December 21, 1992

Style 7652M--The upper body garment features a full front opening with a three button closure near the waist, a deep V- neckline, an oversized right lapel which extends from the shoulder to the waist, four-panel front and back, shoulder pads, short hemmed sleeves, pockets at the waist, a straight hemmed back, and an inverted V front. The covered buttons, pocket and lapel trim are a contrasting color, while the lapel is pieced of the two fabrics, giving the appearance of stripes. The shorts feature a partially elasticized waistband with a single button closure, a front zipper closure, side pockets, a right hip pocket, and hemmed leg openings. The contrasting trim appears on the covered button and pockets.

The upper body garments for all of the above styles have at least two panels in the front and two panels in the back sewn together lengthwise.

ISSUE:

Were the garments which were classified in the above cited rulings properly classified as ensembles consisting of blouses and shorts or, are these garments classifiable as suits of heading 6204, 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]."

Chapter 62, Note 3(a), defines the term "suit", in pertinent part, to mean:

. . . a set of garments composed of two or three pieces made up of 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 garments at issue were classified in the district rulings under reconsideration as ensembles. Chapter 62, Note 3(b), defines "ensembles" to mean:

. . . 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, and comprising:
one garment designed to cover the upper part of the body, with the exception of waistcoats which may also from a second upper garment, and
one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib -5-
and brace overalls, breeches, shorts (other than swimwear), a skirt or a divided skirt.

All of the components of an ensemble must be of the same fabric construction, style, color and composition; they also must be of corresponding or compatible size. The term "ensemble" does not apply to track suits or ski-suits of heading 6211.

The Harmonized Commodity Description and Coding System Explanatory Notes, which represent the official interpretation of the HTS at the international level, state in regard to suits of heading 6204, that the notes for heading 6104 apply, mutatis mutandis, to the articles of heading 6204. The notes for heading 6104, provide in relevant part [i.e., in regard to the jacket portion of the suit]:
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 the 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 (zipper). It does not extend below the mid-thigh area and is not for wear over another coat, jacket or blazer. A tailored waistcoat may also be included.

The styles at issue meet the requirement of both suits and ensembles in that the components must be of the same fabric construction, style, color and composition; and, be of corresponding or compatible size. The upper body garments of the various styles consist of at least four panels (two in the front and two at the back) sewn together lengthwise, are designed to cover the upper part of the body, and have full front openings with closures other than zippers. The upper body garments would appear to meet the requirements of a suit jacket. However, this is the issue because apparently the upper body garments were not viewed to be jackets in the district rulings.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, provides guidance regarding characteristics normally associated with shirts or blouses versus those normally associated with jackets. Additionally, the Guidelines provide guidance regarding suit-type coats or jackets. It is important to remember, however, that the Guidelines are just that, guidelines.

On pages 5 and 6 of the Guidelines, various characteristics normally associated with jackets or coats are listed. Among the features listed are: (1) a full or partial lining; (2) pockets at -6-
or below the waist; (3) large jacket/coat style buttons * * *, or buttons fastened with reinforcing thread for heavy-duty use; and (4) lapels. The Guidelines indicate that "garments having the feature of both jackets and shirts will be categorized as coats if they possess at least three of the above listed features and if the result is not unreasonable. Many such garments will function as the upper part of leisure suits and will be placed in the categories for 'suit-type coats.'"

Customs has followed this approach, considering the various characteristics listed in the Guidelines, in other cases in which the issue was whether a garment was a blouse or a suit-type jacket. See, HRL 086690 of July 23, 1990 and HRL 087921 of November 21, 1990. Customs has also looked to the Guidelines' information regarding the characteristics of suit-type jackets/coats when deciding if a garment is a suit-type jacket or blouse. See, HRL 088476 of May 10, 1991. The Guidelines state, in relevant part, that "suit-type coats must (1) be tailored, (2) have a full- frontal button or snap opening, (3) have sleeves (of any length), (4) be designated for wear over a lighterweight garment, and (5) have three or more panels (excluding sleeves), of which two are at the front, sewn together lengthwise.

Having examined the garments at issue, the upper body garments appear to have at least three jacket features listed in the Guidelines in the discussion of shirt-jackets at pages 5 and 6. The garments also appear to meet the requirements of "suit-type coats" listed in the Guidelines on page 4 in the discussion of "suit-type coats", with the exception of the fourth characteristic, that is, that the garment be designated for wear over a lighter outer garment. However, as stated above, the Guidelines are guidance; they are not hard and fast rules. In HRL 088476 of May 10, 1991, Customs stated in regard to the garment at issue therein:
the garment is of a weight which enables it to be worn both with or without a blouse underneath; however, it is our view that it would most often be worn in the manner of a jacket and even when worn without a blouse, it retains the appearance of a jacket; * * *.

Classification as a jacket does not require the garment be designed so that it cannot be worn unless worn with a blouse. It does require that when worn alone, the garment retain the appearance of a jacket. The upper body garments at issue may be worn alone without a blouse; however, it is our view that when worn in that manner, the garments still retain the appearance of jackets.

HOLDING:

The garments at issue, styles 7652M, 7524BM, 7518M, 7541BM, 7490M, 7653M, 7529BM, 7648M and 7586BM are classifiable as women's woven suits of other textile materials, other, other, other in subheading 6204.19.3090, HTSUSA, textile category 844, dutiable at 6.9 percent ad valorem.

DD 880629 of December 22, 1992, DD 880630 of December 22, 1992, DD 880632 of December 16, 1992, DD 880633 of December 17, 1992, DD 880636 of December 22, 1992, DD 880637 of December 22, 1992, DD 880639 of December 17, 1992, DD 880640 of December 17, 1992 and DD 880631 of December 21, 1992 are hereby modified to accord with the above classification. This action is taken pursuant to 19 CFR 177.9(d).

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying DD 880629, 880630, 880632, 880633, 880636, 880637, 880639, 880640 and 880631, effective with the date of this letter.

This notice to you should be considered a modification of the above listed district rulings under 19 CFR 177.9(d)(1).

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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