HQ 086009: Classification of a women's suit

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 086009

                                  February 7, 1990




          CLA-2 CO:R:C:G  086009 DRR 846336

          CATEGORY:  Classification

          TARIFF NO.: 6204.19.2000


          Robert T. Stack, Esq.
          Siegel, Mandell & Davidson, P.C.
          One Whitehall Street
          New York, New York 10004

          Re:  Classification of a women's suit

          Dear Mr. Stack:

               This is in response to your letter dated July 14, 1989, on
          behalf of Liz Claiborne, Inc., requesting the classification of
          women's garments, under the Harmonized Tariff Schedule of the
          United States Annotated (HTSUSA).

          FACTS:

               The merchandise at issue, style 102306, consists of an upper
          body garment and a skirt, each made of 95 percent rayon and 5
          percent silk woven fabric, with a woven lining, assumed to be
          manmade.  The upper body garment has a full front opening secured
          by four buttons, a lapel collar, short sleeves, and a fitted
          waist.  It also has a placket which creates the effect of a
          breast pocket with a small rectangular handkerchief in
          contrasting fabric pinned to it.  The skirt has a rear zipper
          closure with a hook and eye.  The garments will be imported from
          Taiwan.  Your letter indicates that you believe that the upper
          body garment and handkerchief constitute a set classifiable under
          the provision for suit-type jackets in subheading 6204.39.3010,
          HTSUSA.  You further state that you believe that the skirt is
          classifiable under subheading 6204.59.3010, HTSUSA.

          ISSUE:

               Is the upper body garment classifiable as a jacket or a
          blouse?  Are the garments classifiable as a suit or ensemble, or
          must they be classified separately?














                                         -2-


          LAW AND ANALYSIS:

               Classification under the 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.  Note 3 to Chapter 62 states that all of the
          components of a suit must be of the same fabric construction,
          style, color and composition.  Note 13 to Section XI of the
          tariff states that textile garments of different headings are to
          be classified under their own headings, even if put up in sets
          for retail sale, unless the context requires otherwise.

               The upper garment exhibits certain characteristics of a
          jacket as well as a blouse.  Although the short sleeves and
          narrow cut are more indicative of a blouse, the heavy shoulder
          pads and full lining indicate that it was designed for wear over
          other outer garments and is therefore classifiable as a jacket.

               It might appear that, according to Note 3 to Chapter 62, the
          presence of the handkerchief, made of different fabric, precludes
          classification of the three pieces as a suit or ensemble, on the
          grounds that there is no corresponding material on the skirt.
          However, the handkerchief is not permanently attached to the
          jacket, it is only pinned on and therefore, serves as a
          decorative accessory item.  The jacket and skirt are of the same
          fabric construction, style, color and composition and therefore
          meet the requirements of a suit as set forth in Note 3.

               In light of the fact that the garment is made up of
          different elements, a two-piece suit and handkerchief, not
          specifically provided for, it cannot be classified according to
          GRI 1.  However, goods which are prima facie classifiable under
          two or more headings are classified in accordance with the
          provisions of GRI 3.  When, as in the instant case, those
          headings each refer to only part of the materials contained in
          mixed or composite goods, they are treated as equally specific
          and classified pursuant to GRI 3(b).  The Explanatory Notes to
          the HTSUSA may be consulted for guidance as to the correct
          international interpretation of the various HTSUSA provisions.
          Composite goods as defined in the Explanatory Notes to GRI 3(b)
          include those with separable components, provided these
          components are adapted one to the other and are mutually


















                                         -3-


          complementary and that together they form a whole which would not
          normally be offered for sale in separate parts.  The suit and
          handkerchief are composite goods for purposes of GRI 3.  Having
          determined that the garment is a composite good, we must next
          determine the essential character in order to classify the item
          under GRI 3(b).  According to GRI 3(b), composite goods
          consisting of different materials or made up of different
          components, and goods put up in sets for retail sale, shall be
          classified as if they consisted of the material or component
          which gives them their essential character.  The Explanatory
          Notes state that "the factor which determines essential character
          will vary as between different kinds of goods.  It may, for
          example, 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.  The
          suit clearly predominates over the handkerchief by weight,
          quantity and value, and therefore provides the essential
          character.

          HOLDING:

               The jacket, handkerchief and skirt are classified under
          subheading 6204.19.2000, HTSUSA, as women's or girls' suits, of
          other textile materials, of artificial fibers, other, with a duty
          rate of 37.5 cents per kilogram plus 27.5 percent ad valorem, and
          subject to textile category 644.

               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 internal
          issuance of the U.S. Customs Service, which is available for
          inspection at your local Customs office.
























                                         -4-


               Due to the changeable nature of the statistical annotation
          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.

               Your sample is being returned to you, as requested.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division














































          6 cc: Area Dir., N.Y. Seaport
          D. Rimmer library/peh
          086009