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HQ 954460


October 14, 1993

CLA-2 CO:R:C:T 954460 SK

CATEGORY: CLASSIFICATION

TARIFF NO.'s: 6206.90.0040; 6204.59.4060

Tommy Lai
Hong Kong Economic and Trade Office
1150 18th St., N.W., ste. 475
Washington, D.C. 20036

RE: Classification of a women's blouse and skirt; 6206, HTSUSA; 6204, HTSUSA; no evidence that the upper body garment and the skirt are put up together for retail sale; upper body garment does not possess features of a suit-type jacket; HRL 953327

Dear Mr. Lai:

This is in response to your letter, dated June 22, 1993, requesting a binding classification ruling for two articles of women's clothing. Samples were submitted to this office for examination and they will be returned to you under separate cover.

FACTS:

Style number MJ-541J is a women's woven upper body garment. Style MJ-4242 is a women's woven skirt. Both garments are constructed from 55% ramie and 45% cotton woven fabric and are identical in construction, style, color and are of corresponding size. The upper body garment is unlined and features a modified V-neckline, short sleeves, a full front opening closed by five buttons, a nonfunctional breast pocket located on the left side, side and rear vents and shoulder pads. The skirt has a partial rear zippered opening secured by a button and front and rear vents.

ISSUE:

What is the proper classification of the garments at issue?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by 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, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's.

The definition of "suit" for classification purposes within heading 6203 and 6204 is set forth in Chapter 62, Note 3(a) which states:

"The term 'suit' means 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 definition of "ensemble" for classification purposes, as set forth in Chapter 62, Note 3(b), is as follows:

"... a set of garments (other than suits and articles of heading 6207 and 6208) composed of several pieces and 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 form a second upper body garment, and

- one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib 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 threshhold issue is whether the subject merchandise meets either the definition of suit or ensemble as set forth supra. No evidence was submitted to this office which establishes that the garments at issue are put up together for retail sale, nor was information provided as to how these garments are to be sold or marketed. Each garment is referenced by a separate style number; this indicates that the garments will be sold at retail separately. As we have no basis on which to assume that the garments at issue will be put up together at retail, this office is of the opinion that the two garments at issue must be classified individually, and not as a suit or ensemble.

Our next inquiry is whether the upper body garment at issue is a suit-type jacket of heading 6204, HTSUSA, or a blouse of heading 6206, HTSUSA. 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 of heading 6104 apply, mutatis mutandis, to the articles of heading 6204. The notes for heading 6104, provide in relevant 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 the front and two in 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 Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, enumerates characteristics usually associated with suit-type coats. The Guidelines, at page 4, state 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 designed for wear over a lighter outer garment; and

(5) have three or more panels (excluding sleeves), of which two are at the front sewn together lengthwise."

Style MJ-541J meets all of the criteria set forth in the Guidelines for suit-type coats except that the garment is not designed for wear over lighter outer garments. While Customs has previously held that a jacket may be worn over outerwear or be worn by itself, we note that style MJ-541J is designed in such a manner that it is not practicable for wear over other outerwear and can only be worn by itself. It is on this basis that we deem style MJ-541J not classifiable as a suit-type jacket under heading 6204, HTSUSA. See Headquarters Ruling Letters (HRL's) 953237, dated February 2, 1993 and 088476, dated May 10, 1991.

In addition to the fact that style MJ-541J is not designed to be worn over outerwear, there are no other features which would indicate that this garment is a suit-type jacket. Suit- type coats or blazers often possess features commonly found on jackets. The Guidelines, at page 6, list the following features as characteristic of jackets:

(1) fabric weight equal to or exceeding 10 ounces per square yard;

(2) a full or partial lining;

(3) pockets at or below the waist;

(4) back vents or pleats. Also side vents in combination with back seams;

(5) Eisenhower styling;

(6) a belt or simulated belt or elasticized waist on hip length or longer shirt-jackets;

(7) large jacket/coat style buttons, toggles or snaps, a heavy-duty zipper;

(9) long sleeves without cuffs;

(10) elasticized or rib knit cuffs;

(11) drawstring, elastic or rib knit waistband.

Aside from the presence of back and side vents, style MJ- 541J does not possess any of the above-cited jacket features. This fact, together with the fact that style MJ-541J cannot be worn over outerwear, conclusively proves that this garment is not classifiable as a suit-type jacket under heading 6204, HTSUSA.

Heading 6206, HTSUSA, provides for women's or girls' blouses, shirts and shirt-blouses. The Guidelines, page 16,
state that blouses usually extend from the neck or shoulders to the vicinity of the waistline. Blouses may have any type of collar or no collar and the closure, if there is one, may be on the front, back or side. Based on these criteria, and the overall appearance of the garment, we are of the opinion that style MJ-541J is classifiable as a blouse under heading 6206, HTSUSA,

As style MJ-4242 is not part of a suit or ensemble, it is classifiable separately under heading 6204, HTSUSA, which provides for, inter alia, women's woven skirts.

HOLDING:

Style MJ-541J is classifiable under subheading 6206.90.0040, HTSUSA, which provides for "women's or girls' blouses, shirts and shirt-blouses: of other textile materials... other," dutiable at a rate of 7.1 percent ad valorem. The applicable textile quota category is 840.

Style MJ-4242 is classifiable under subheading 6204.59.4060, HTSUSA, which provides for women's or girls' skirts and divided skirts: of other textile materials: other... other," dutiable at a rate of 7.2 percent ad valorem. The applicable textile quota category is 842.

The designated textile and apparel categories 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 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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