HQ 085416: Classification of a ladies' dress and "wrap"

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 085416

                        November 30, 1989




CLA-2  CO:R:C:G   085416  CC

CATEGORY:  Classification

TARIFF NO.:  6204.49.0040; 6202.19.0040

Mr. Robert D. Stack
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y.  10004

RE:  Classification of a ladies' dress and "wrap"

Dear Mr. Stack:

     This letter is in response to your inquiry of August 8,
1989, on behalf of Hero Industries, Inc., requesting tariff
classification of a ladies' dress and "wrap" from China.  A
sample was submitted for examination.

FACTS:

     The sample at issue, designated as style 612, is a ladies'
dress and "wrap." You state that the articles are made of a 100
percent polyester woven chiffon-like fabric, although they are
marked as 100 percent silk.  The sheath styled dress has a full
lining of woven man-made fibers, spaghetti straps over the
shoulders, and a rear zipper. The "wrap" extends from the neck to
the bottom edge of the dress and has a round, faced neckline
secured by a self fabric loop and button.

ISSUE:

     Are the dress and "wrap" classifiable together or
separately?

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is in accordance
with the General Rules of Interpretation (GRI's), 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.

     You state that the "wrap" is an accessory and is
classifiable as a composite good with the dress.  If they are not
composite goods, the "wrap" is classifiable with the dress as a
set.  Finally, you state that if the "wrap" is not classifiable
with the dress as a set, it is classifiable as a shawl in Heading
6214, HTSUSA.

     The Random House Dictionary of the English Language, the
Unabridged Edition, (1983) defines a garment as "an article of
clothing: dresses, suits, and other garments."  The "wrap"
covers from the neck to nearly the knees, making it more than an
accessory.  It is an article of clothing: a garment.

     Note 13 to Section XI of the HTSUSA provides that "unless
the context otherwise requires, textile garments of different
headings are to be classified in their own headings even if put
up in sets for retail sale."  The "wrap" is classifiable in a
different heading than the dress, and, thus, it is not
classifiable with the dress as a set.

     The "wrap" is not classifiable as a shawl.  A shawl is
defined by The Random House Dictionary as "a square triangular,
or oblong piece of wool or other material worn, esp. by women,
about the shoulders, or the head and shoulders, in place of a
coat or hat outdoors, and indoors as protection against chill or
dampness."  The "wrap" covers from the neck to the vicinity of
the knees which is substantially more than a shawl would cover.

     The Random House Dictionary defines a cape as "a sleeveless
garment of various lengths, fastened around the neck and falling
loosely from the shoulders, worn separately or attached to a coat
or other outer garment."  The definition of a cape applies to the
"wrap"; therefore, it is classifiable in Heading 6202, HTSUSA.

     The Explanatory Notes, the official interpretation of the
HTSUSA at the international level, states that garments
classifiable in Heading 6202, HTSUSA, including capes, are
generally worn over all other clothing for protection against the
weather.  You state that this Explanatory Note precludes
classification of the "wrap" in Heading 6202.  We do not agree.
Although the wrap may not provide much protection against the
weather, the term "generally" is used in this Explanatory Note,
indicating that it is not required that all articles classifiable
in this heading provide protection against the weather.

     We have examined the dress and the cape and have determined
that they are made of silk.   We assume that they are 100 percent
silk, as marked.

HOLDING:

     The dress is classified under subheading 6204.49.0040,
HTSUSA, which provides for women's or girls' dresses, of other
textile materials, other, of silk, containing 70 percent or more
by weight of silk or silk waste, dutiable at the rate of 7.5
percent ad valorem.

     The cape is classified under subheading 6202.19.0040,
HTSUSA, which provides for women's or girls' capes, of other
textile materials, other, of silk, containing 70 percent or more
by weight of silk or silk waste, dutiable at the rate of 3
percent ad valorem.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division