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HQ 958472




October 6, 1995

CLA-2 R:C:T 958472 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0030

Mr. Rico Law
Import Department
Perrier Inc.
1016 S. Vail Avenue
Montebello, California 90640

RE: Modification of District Decision (DD) 814102 of September 8, 1995; Classification of a girl's woven garment; dress v. blouse

Dear Mr. Rico:

This is in response to your request of September 22, 1995, that Customs reconsider our classification decision in DD 814102. In that ruling, Customs classified a girl's knit 100 percent cotton garment as a dress. You claim the garment is not a dress, but is a blouse. We received a sample garment with your request and, upon examination of the garment, we agree that the garment is a blouse.

FACTS:

The garment at issue, style 12/20-15451, is a toddler girls' knit 100 percent cotton garment. The submitted sample is a size 3T and measures about 15 inches in length from the shoulders to the hemline. The upper bodice portion of the garment is made with bubble jersey fabric and the bottom portion of the garment is made with plain jersey fabric. The garment has short, puffed sleeves with elastic near the edge of the sleeves; a round, Peter-Pan type collar; a partial front opening secured by three covered buttons; and a straight, hemmed bottom. The bottom plain jersey portion of the garment is gathered slightly where it is joined to the upper portion of the garment. This design feature of the garment gives it somewhat the appearance of a dress.

The garment will be made in Bangladesh in toddler girls' sizes 2T-5T, and in infant girls' sizes 12M-24M.

ISSUE:

Was style 12/20-15451 properly classified as a knit dress of heading 6104 in DD 814102 or, is it properly classified as a girls' knit blouse of heading 6106, as claimed by the importer?

LAW AND ANALYSIS:

Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (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]."

Classification of the garment at issue turns on whether it is a dress or a blouse. Due to the styling of the garment, in the absence of any frame of reference, the garment has the appearance of a dress. However, it is classifiable as a dress only if it is sufficiently long enough to be so used.

This office has examined the garment at issue and compared the garment to other size 3T dresses and blouses. When compared to a known size 3T dress and 2T dress, the submitted garment was significantly shorter. When compared to a known size 3T blouse, the submitted garment was slightly longer, but not significantly longer.

The submitted garment was also observed on a toddler girl who wears size 3T garments. When worn, the garment reached to about mid-hip on the girl exposing the lower torso so that it is clear this garment cannot be worn alone, but must be worn with a bottom garment as you claim.

HOLDING:

The garment at issue, style 12/20-15451, which measures 15 inches in length from the shoulders to the hemline, is classified as a girls' knit cotton blouse in subheading 6106.10.0030, HTSUSA, textile category 339, dutiable at 20.9 percent ad valorem.

DD 814102 of September 8, 1995, is hereby modified effective the date of this ruling.

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 -3-
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
Tariff Classification Appeals Division

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