HQ 082469: Request for reconsideration of NYRL 828821

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 082469

                        November 30, 1989

CLA-2 CO:R:C:G 082469 CB

CATEGORY:  Classification

TARIFF NO.:  6211.49.0010

Steven S. Weiser, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY  10004

RE:  Request for reconsideration of NYRL 828821

Dear Mr. Weiser:

     This letter is in response to your letter of June 17, 1988,
on behalf of Liz Claiborne, Inc., requesting a reconsideration of
NYRL 828821 issued April 21, 1988, in which the components of a
women's two-piece dress were classified separately under
provisions for blouses and dresses.

FACTS:

     The submitted sample, style no. 104330, consists of two
components, one a full length garment, the other a blouse
designed to be worn over the other garment.  The full length
component features pullover styling, scoop neckline, no sleeves,
dropped waist and a pleated skirt bottom.  The pleated portion is
100% woven silk, the balance 100% nylon taffeta.  The blouse
component, consists of fabric identical to the pleated skirt
portion.  It features a full front opening secured by eight
plastic buttons and metal snap, long sleeves with french cuffs
joined by metal buttons, round neckline without collar and a
straight hemmed bottom.

     In your letter you claim that the two pieces are
classifiable together as a dress.  You claim that although this
style does not meet the requirements of Note 3(a), Chapter 62,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), for ensembles because the lower portion does not
consist of a skirt, the HTSUSA has no provision requiring that
garments imported in sets be classified separately.  You also
claim that both GRI 3(b) and GRI 1 require that the polyester
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portion of this style be disregarded in its classification.  You
further claim that even if the two pieces are separately
classifiable, the tank top/skirt portion is not classifiable as a
dress because it is not an outerwear garment to be worn alone,
but rather should be classified as other garments under heading
6211, HTSUSA.

ISSUE:

     Are the two pieces of classifiable separately or together?
If separately, under what headings are they classifiable?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that the starting point is the
terms of the headings of the tariff and any relevant section or
chapter notes, and then, if necessary, in accordance with the
remaining GRI's.

     Textile apparel, not knitted or crocheted, is generally
provided for in the headings of Chapter 62, Section XI, HTSUSA.
Note 13 of this section provides:  "Unless the context otherwise
requires textile garments of different headings are to be
classified in their own headings even if put up for retail sale."

     Neither the tariff itself not the Explanatory Notes, which
are the official interpretation of the HTSUSA at the
international level, provide any clarification as to what
constitutes a dress.  The Customs Service has taken the position,
set out in the Textile Category Guidelines, C.I.E. 13/88, that a
dress is a one-piece garment.  The two pieces of style no. 104330
are classifiable separately, pursuant to Note 13.

     We agree that, as stated in NYRL 828821, the blouse portion
is classified under heading 6206, HTSUSA.  However, we do not
agree with the classification of the full-length portion as a
dress under heading 6204, HTSUSA.  The Category Guidelines
indicate that a dress is considered to be a one-piece garment
appropriate for wear without other outer garments.  This
description does not fit the submitted sample.  While the skirt
portion is of a patterned silk fabric, matching the blouse, the
top portion is of a plain, man-made fiber lining fabric that is
not intended, or likely, to be visible during normal wear.  The
garment is not classifiable as a dress.  Linings are not usually
considered in the classification of garments.  The full-length
garment is therefore classified according to the silk skirt
portion.

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HOLDING:

     NYRL 828821 is modified in part.  The full-length portion of
style no. 104330 is classified under subheading 6211.49.0010,
HTSUSA, which provides for other women's garments, containing 70
percent or more by weight of silk or silk waste.  The rate of
duty is 7.8 percent ad valorem.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) and the
restraint (quota/visa) categories, the importer should contact
the local Customs office prior to importation of this
merchandise to determine the current status of any import
restraints or requirements.

     The designated textile and apparel category may be
subdivided into parts.  If so, 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 that the importer check, close to 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 at the local Customs office.

     Pursuant to section 177.9, Customs Regulations (19 C.F.R.
177.9), the ruling letter of April 21, 1988 (NYRL 828821) is
modified in conformity with the foregoing.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division