HQ 083504: Tariff classification of "Capri pants", belt, and suspenders

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 083504

	April 3, 1989

  CLA2 CO:R:C:G  083504  SM

   CATEGORY:  Classification

   TARIFF NO.:  6204.62.4020

   Ms. Dee Katson
   Esprit de Corp
   900 Minnesota Street
   San Francisco, CA  94107

   RE:   Tariff classification of "Capri pants", belt, and  suspenders

   Dear Ms. Katson:

         	Your letter of November 29, 1988, addressed to our New York office, requesting a tariff classification ruling for  Style 58510, has been referred to this office for reply.

   FACTS:

         	The submitted sample consists of three articles.  A pair of women's "Capri" pants of woven 100 percent cotton fabric,  extending to just below the knee, features a front opening
with three buttons and a zipper, two pockets in the front, and  two patch pockets in the back.  Eight selffabric loops carry  a 100 percent cotton woven belt with a metal Dring closure.
There is also a pair of woven manmade fiber elastic clipon  suspenders.

 ISSUE:

         	The question raised is whether the articles are classified together or separately.

   LAW AND ANALYSIS:

         	Classification under the Harmonized Tariff Schedule of   the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI's).  GRI 1 provides that  classification is determined first in accordance with the  terms of the headings of the tariff and any relative section and chapter notes, and then, if necessary, in accordance with  the remaining GRI's.

         Textile apparel generally is provided for in Section XI,  HTSUSA.  Note 13 of this section provides that textile garments of different headings must be classified in their own
        
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   headings even if put up in sets for retail sale.  However,  this note does not cover accessories such as belts and suspenders.

         	Heading 6212, HTSUSA, provides for suspenders.  Heading  6217, HTSUSA, provides for other made up clothing accessories,  including belts.  Heading 6204, HTSUSA, provides for women's   trousers and breeches.  No single heading provides for all the  articles comprising Style 58510.  Classification cannot be determined according to GRI 1.

         	GRI 2(a), concerning incomplete or unassembled articles,  does not apply in this case.

         	GRI 2(b) provides that goods consisting of more than one  material or substance and appearing to be classifiable under  more than one heading, such as the garments and belts in 
question here, must be classified according to GRI 3.

         	GRI 3(a) provides that the more specific heading is to  be preferred.  However, when "two or more headings each refer  to part only of the materials or substances contained in mixed
   or composite goods or to part only of the items in a set put  up for retail sale, those headings are to be regarded as equally specific in relation to those goods . . . ."  In this  case different headings each refer to part only of the goods  to be classified.  Thus classification cannot be determined
according to which heading is more specific.

         	GRI 3(b) provides that "/m/ixtures, composite goods consisting of different materials or made up of different  components, and goods put up in sets for retail sale, which
   cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which  gives them their essential character . . . ."

         	The Explanatory Notes for GRI 3(b) provide interpreta tion of the terms essential character, composite goods, and  goods put up in sets for retail sale.  With regard to com
   posite goods they state:

              For the purposes of /GRI 3(b)/, composite goods
              made up of different components shall be taken
              to mean not only those in which the components
              are attached to each other to form a practically
              inseparable whole but also those with separable
              components, provided these components are adapted
              one to the other and are mutually complementary
              and that together they form a whole which would

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              not normally be offered for sale in separate parts
              . . . .  As a general rule, the components of these
              composite goods are put up in a common packing.

   The pants and belt of Style 58510 fall within this descrip
   tion.  Separable components, they are adapted to one another
   in that the loops on the pants are sized to accommodate the
   width of the belt.  The two components are mutually complemen
   tary in their use and casual styling, are packed together, and
   would not normally be offered for sale separately.

         	However, the pantsbelt combination and the suspenders  in question here cannot be described as composite goods.  Al though pants and suspenders are often used together, these
clipon suspenders have no particular connection with this  pair of pants.  There are no loops, hooks, or fasteners, for  example, that could allow them to be characterized as adapted
   components.  The suspenders are of a type that normally are  offered for sale apart from pants.  However, the beltpants  combination and the suspenders can still be classified
 together if the whole falls within the description of sets.  The Explanatory Notes state that goods put up in sets for  retail sale are those which:

              (a) consist of at least two different articles
                  which are, prima facie, classifiable in
                  different headings . . .;

              (b) consist of products or articles put up together
                  to meet a particular need or carry out a spe
                  cific activity; and

              (c) are put up in a manner suitable for sale
                  directly to users without repacking . . . .

   Style 58510 consists of three articles prima facie classifi
   able in different headings.  These articles are put up
   together to provide a coordinated outfit of trousers and belt
   and suspenders in the same style.  They are stated to be
   imported together; we assume that they are ready for direct
   sale without repacking.

         The Explanatory Notes state further that the factor
   determining essential character will vary with different kinds
   of goods.  It may be "the nature of the material or component,
   
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   its bulk, quantity, weight or value, or . . . the role of a
   constituent material in relation to the use of the goods."
   With regard to the style under consideration here, as in vir
   tually every instance involving accessory and garment combina
   tions, it is the garment which provides the essential charac
   ter.  The accessories, barring exceptional circumstances, are
   not the main reason for the existence of the combination or
   the primary motivating factor governing its purchase.

   HOLDING:

         The pants, belt, and suspenders are classified as a set  consisting of composite goods and a pair of suspenders under  subheading 6204.62.4020, HTSUSA, a provision for women's blue
denim trousers and breeches.  The textile category for the  trousers and belt is 348.  The textile category for the suspenders, from subheading 6212.90.0030, HTSUSA, is 659.   Garments and clothing accessories entered as components of  sets, rather than composite goods, require separate visas and separate statistical reporting for quota purposes, pursuant to
the directive of December 23, 1988, from the Committee for the  Implementation of Textile Agreements.

         	Because of the changeable nature of the statistical   annotation i.e., the ninth and tenth digits of the tariff  number, and of the textile restraint categories, you should contact your local Customs office before importation of this merchandise to determine the current status of any import   restraints or requirements.

                              				Sincerely,

                              				John Durant, Director
                              				Commercial Rulings Division