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HQ 086092


March 21,1990

CLA-2 CO:R:C:G 086092 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0015, 6211.42.0020

Mr. Saul Tawil
Stretch-O-Rama, Inc.
West 34th Street
New York, NY 10120

RE: Vest Overalls

Dear Mr. Tawil:

This is in reference to your letter of November 15, 1989, requesting classification of vest overalls under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided for our inspection.

FACTS:

The sample at issue, style no. 5100, is a one piece garment made of 100% cotton denim. It is made up of two parts consisting of a vest top which is permanently sewn to a pair of trousers. The top is tailored to form a "V", which can be left open or fastened by two metal buttons. There are two vest pockets on each side of the frontal opening. The vest top is attached to the rear waistband of the pants.

The trousers have a slash pocket on either side, a zipper fly, belt loops, and hemmed bottoms. You state that these garments will be imported in boys sizes 2 to 7 and girls sizes 2 to 14. You also ask that we provide a binding classification for style nos. 9614, 9615, 9616, 9617, and 9618, for which diagrams have been provided, depicting similar vest overalls which differ in the degree or kind of decorative stitching or applique work.

ISSUE:

Whether the garment in issue is classifiable as other garments of Heading 6211, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear; other garments. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to heading 6211 state that the heading covers ... garments which are not included more specifically in the preceding headings of this Chapter. Since the sample at issue is not otherwise provided for in a preceding chapter, classification is appropriate under this heading.

HOLDING:

Style no. 5100 is classified under subheading 6211.32.0015, HTSUSA, if for boys' sizes 2 to 7, which provides for track suits, ski-suits and swimwear; other garments: other garments, men's or boys': of cotton: coveralls, jumpsuits and similar apparel: other: boys': sizes 2-7, textile category 237, and dutiable at the rate of 8.6 percent ad valorem.

If for girls' sizes 2-14, style no. 5100 is classified under subheading 6211.42.0020, HTSUSA, textile category 237, dutiable at the rate of 8.6 ad valorem.

Style nos. 9614, 9615, 9616, 9617 and 9618, if constructed in the same manner, are classified under subheading 6211.32.0015, HTSUSA or 6211.42.0020, HTSUSA in accordance with the distinction set forth above.

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 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 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 Operations Division

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