HQ 082934: Classification of women's suspender jeans

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 082934

                                   October 24, 1989


            CLA-2 CO:R:C:G  082934  JS

            CATEGORY:  Classification

            TARIFF NO.:  6204.62.4010

            Mr. Paul Casey
            Edward S. Zerwekh Company
            P.O. Box 368
            Wilmington, California  90748

            RE:  Classification of women's suspender jeans

            Dear Mr. Casey:

                 This ruling is in response to your letter of September 28,
            1988, on behalf of Hub Distributing Co., requesting
            classification of women's suspender jeans under the Harmonized
            Tariff Schedule of the United States Annotated (HTSUSA).

            FACTS:

                 The sample submitted, style WB-4140, is manufactured from
            100 percent woven blue denim fabric.  The jeans feature a
            zippered fly front opening secured by two metal buttons, a
            partially elasticized waist, five belt loops, two front pockets
            with curved openings, and two rear patch pockets.  Each rear
            patch pocket features a single row of decorative, non-
            functional, contrast colored stitching.  In addition, the jeans
            feature non-detachable, self fabric suspenders sewn to a 4-1/2
            inch rise at the rear of the waistband; the suspenders are
            designed to extend over the wearer's shoulders and button to
            the front of the waistband.

            ISSUE:

                 Is the merchandise at issue classifiable as women's
            trousers in Heading 6204, HTSUSA?





















                                         - 2 -

            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 classification shall be
            determined according to the terms of the headings and any
            relevant section or chapter notes.

                 Heading 6204, HTSUSA, provides for women's or girls'
            suits, ensembles, suit-type jackets, blazers, dresses, skirts,
            divided skirts, trousers, bib and brace overalls, breeches and
            shorts (other than swimwear).  Subheading 6204.62.40, HTSUSA,
            specifically covers cotton  trousers for women.  Therefore, the
            subject jeans are classifiable in this subheading.

            HOLDING:

                 The merchandise at issue is classified under subheading
            6204.62.4010, HTSUSA, which provides for women's or girls'
            suits, ensembles, suit-type jackets, blazers, dresses, skirts,
            divided skirts, trousers, bib and brace overalls, breeches and
            shorts (other than swimwear), trousers, bib and brace overalls,
            breeches and shorts, of cotton, other, trousers and breeches,
            womens, blue denim, textile category 348, and dutiable at the
            rate of 17.7 percent ad valorem.

                 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 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























                                         - 3 -

            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 Ruling Division












































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