HQ 083531: Classification of swimsuits with belts

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 083531

                                        August 28, 1989


          CLA-2 CO:R:C:G  083531 DSN

          CATEGORY:  Classification

          TARIFF NO.:   6112.41.0020

          Mr. Valentine Chow
          Gelmart Industries, Inc.
          2020 129th Street
          College Point, N.J. 11356

          RE:  Classification of swimsuits with belts

          Dear Mr. Chow:

                This ruling letter is in response to your inquiry of
          December 8, 1988, regarding classification of swimsuits with
          belts under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  Two samples were provided.

          FACTS:

                Sample number 86171 is a one-piece knit girls' bathing suit
          with belt.  The bathing suit is composed of 85 percent nylon and
          15 percent spandex.  The belt is approximately 3 inches wide and
          has two large buttons of contrasting color at one end and two
          textile loops at its other end to secure the buttons.

                Sample number 86004 is a two-piece knit girls' bathing
          suit.  The upper portion is a halter top and the lower portion
          contains ruffles.  Like the other sample this style has two belt
          loops and a three inch wide belt.  This belt is secured by two
          metal clips.

          ISSUE:

                Whether the bathing suits and belts are classified as
          composite goods.  
















                                         -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 3 provides for classification of composite
          goods.

                GRI 3(b) provides that composite goods made up of different
          components are classified as if they consisted of the component
          which gives them their essential character.  The issues that
          arise, are whether the belt and bathing suit combination can be
          said to constitute composite goods, and if so, whether the
          component that provides the essential character can be
          determined.

                It is our opinion that the bathing suit and belt
          combination is a composite goods as that term is defined and
          applied in the HTSUSA.  The Explanatory Notes constitute the
          official interpretation of the tariff at the international level.
          The Explanatory Notes define composite goods made up of different
          components as not only those in which 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 not normally be offered
          for sale in separate parts.  We believe that these bathing suits
          and belt combination fit within this description and definition
          of composite goods because it is composed of different
          components, i.e., a bathing suit and a belt, forms a commercial
          unit, and is not normally offered for sale as separate articles
          because the belt is specially adapted to the bathing suit by
          virtue of the fact the bathing suit contains large belt loops to
          attach the two articles.

                Having determined that the samples at issue are composite
          goods, we still must decide the essential character in order to
          properly classify the merchandise.  According to the Explanatory
          Notes to GRI 3(b), essential character may be determined by the
          nature of the material or component, its bulk, quantity, weight
          or value, or by the role of a constituent material in relation to
          the use of the goods.  With regard to the samples at issue, as in
          virtually every instance involving belt and garment combinations,
          it is the garment which provides the essential character.  The
          belt is merely an accessory to the garment, and, barring unusual
          or exceptional circumstances, is not the main reason for the
          existence of the combination or the primary motivating factor
          governing the purchase of the two articles.  Thus, the bathing
          suits impart the essential character.  See HRL 081619 of October
          6, 1988 and HRL 084936 of July 31, 1989 where a similar analysis
          was used for a trouser and belt combination and a pair of shorts
          with suspenders.   











                                         -3-

          HOLDING:

                The bathing suits and belts are classified under subheading
          6112.41.0020, HTSUSA, which provides for track suits, ski-suits
          and swimwear, knitted or crocheted, women's or girls' swimwear,
          of synthetic fibers, of fabric containing by weight 5 percent or
          more elastomeric yarn or rubber thread, girls' textile category
          659, and dutiable at the rate of 26.5 percent ad valorem.

                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.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division