HQ 084936: Classification of pants with suspenders Your Ref. LA 88-2396-5(7)I

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 084936

                                        July 31, 1989


          CLA-2 CO:R:C:G  084936 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6204.63.3510

          Barry E. Powell, Esquire
          Grunfeld, Desiderio, Lebowitz & Silverman
          707 Wilshire Boulevard, Suite 5320
          Los Angeles, California 90017

          RE:  Classification of pants with suspenders
               Your Ref. LA 88-2396-5(7)I

          Dear Mr. Powell:

                This ruling letter is in response to your inquiry of June
          9, 1989, on behalf of Contempo Casuals, Inc., requesting
          classification under the Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), for women's pants with suspenders.  A
          sample produced in Taiwan was submitted for review.

          FACTS:

                Style number 3189 is women's pants with suspenders composed
          of 85 percent polyester and 15 percent rayon.  The pants have a
          zippered front with detachable suspenders.  There are two buttons
          in the front and two buttons in the back which are designed to
          attach the suspenders.  The front of the pants where the
          suspenders are attached has a decorative button which is located
          below the two buttons.  The suspenders are specially adapted to
          the pants and are not designed to be used with other clothes.

          ISSUE:

                Whether the pants and suspenders are classified as
          composite goods.

          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.  











                                         -2-

                GRI 3(b) provides that composite goods made up of different
          components shall be classified as if they consisted of the
          component which gives them their essential character.  The issues
          that arise are whether the suspenders and pants 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 pants and suspender combination
          is a composite good 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 this pants and
          suspender combination fits within this description and definition
          of composite goods because it is composed of different
          components, i.e., a pair of pants and suspenders, forms a
          commercial unit, and is not offered for sale as separate articles
          because the suspenders are specially adapted to the pants by
          virtue of the fact they are of the same fabric and have buttons
          to attach the two articles.

                Having determined that the sample at issue is composite
          goods, we still must determine 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
          sample at issue, as in virtually every instance involving
          accessory and garment combinations, it is the garment which
          provides the essential character.  Accessories such as
          suspenders, are not the main reason for the existence of the
          combination or the primary motivating factor governing the
          purchase of the two articles.  Thus, the pants impart the
          essential character.

                We are distinguishing these pants and suspenders
          combinations from those of HRL 083950 of April 24, 1989, where we
          ruled that the shorts and suspenders were classified as a set and
          not as composite goods.  Our reasoning was that the suspenders
          were clip-on and had no particular connection with the pair of
          shorts.  There were no loops, hooks, or fasteners, that would
          characterize them as being adapted components.  Those suspenders
          were of a type that could be offered for sale apart from the
          shorts.  As previously discussed, this is not the case with the
          sample at issue.  











                                         -3-

          HOLDING:

                The pants and suspenders are classified under subheading
          6204.63.3510, HTSUSA, which provides for women's or girls,
          trousers, bib and brace overalls, breeches and shorts, of
          synthetic fibers, other, other, other, other, other, trousers and
          breeches, women's, textile category 648, and dutiable at the rate
          of 30.4 percent ad valorem.

                Due to the changeable nature of the statistical annotation
          (the ninth and tenth digits of the clasification) and the
          restraint (quota/visa) categories applicable to textile
          merchandise, 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 Rulings Division