HQ 083210: Statistical suffix applicable to garments

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 083210

                        November 15, 1989

CLA-2 CO:R:C:G  083210 CB

CATEGORY:  Classification

TARIFF NO.: 6204.69.9040

Steven W. Baker, Esq.
Bellsey and Baker
100 California Street
Suite 670
San Francisco, CA 94111

RE:  Statistical suffix applicable to garments

Dear Mr. Baker:

     This letter is in reply to your letter of December 7, 1988,
on behalf of Esprit de Corp., San Francisco, requesting a
classification ruling under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), for certain women's garments.

FACTS:

     The two samples submitted are a woven women's pull-on short
(style 56240), and a woven pull-on pant (style 56241).  According
to the information you provided both samples are made from a 54%
linen, 46% cotton (by weight) fabric.  Both garments have an
elasticized waist, two side pockets with 100% cotton lining, and
an elastic belt which is imported and sold together with the
garments.

ISSUE:

     How are the garments classified under the HTSUSA?

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.

                               -2-


     In your letter you requested a ruling concerning the
statistical suffix applicable to the subject garments and the
appropriate textile quota category.  You bring up the question of
how Statistical Note 2 to Section XI, HTSUSA, is properly
interpreted.  It is Customs position that, as presently written,
the proper interpretation and application of Note 2 is that only
the portion of the garment which determines classification under
GRI 3 shall be taken into account.  Accordingly, the lining,
belt, elastic, or other trimming is not taken into account when
classifying a garment.

     Based on the above interpretation, the subject garments are
classifiable on the basis of the linen/cotton blend fabric.  The
garments are 54% linen and it is the linen that would be used to
classify the garments at the eight digit level.  Therefore, the
garments are classifiable as other textile materials in
subheading 6204.69.9050, HTSUSA.

HOLDING:

     The subject garments are classiable in subheading
6204.69.9050, HTSUSA, which provides for women's or girls'
...trousers, bib and brace overalls, breeches and shorts...,
trousers, bib and brace overalls, breeches and shorts, other,
other.  The textile category is 847 and the rate of duty is 3
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
your 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 you 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 your local Customs office.


                               -3-


     The samples you submitted will be returned to you under
separate cover.

                                Sincerely,



                                John Durant, Director
                                Commercial Rulings Division