HQ 954460: Classification of a women's blouse and skirt; 6206, HTSUSA;6204, HTSUSA; no evidence that the upper body garment and theskirt are put up together for retail sale; upper body garmentdoes not possess features of a suit-type jacket; HRL 953327(2/17/93); HRL 088476 (5/10/91).

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 954460

                        October 14, 1993

CLA-2 CO:R:C:T 954460 SK

CATEGORY: Classification

TARIFF NO.'s: 6206.90.0040; 6204.59.4060

Tommy Lai
Hong Kong Economic and Trade Office
1150 18th St., N.W., ste. 475
Washington, D.C. 20036

RE: Classification of a women's blouse and skirt; 6206, HTSUSA;
6204, HTSUSA; no evidence that the upper body garment and the
skirt are put up together for retail sale; upper body garment
does not possess features of a suit-type jacket; HRL 953327
(2/17/93); HRL 088476 (5/10/91).

Dear Mr. Lai:

     This is in response to your letter, dated June 22, 1993,
requesting a binding classification ruling for two articles of
women's clothing.  Samples were submitted to this office for
examination and they will be returned to you under separate
cover.

FACTS:

     Style number MJ-541J is a women's woven upper body garment. 
Style MJ-4242 is a women's woven skirt.  Both garments are
constructed from 55% ramie and 45% cotton woven fabric and are
identical in construction, style, color and are of corresponding
size.  The upper body garment is unlined and features a modified
V-neckline, short sleeves, a full front opening closed by five
buttons, a nonfunctional breast pocket located on the left side,
side and rear vents and shoulder pads.  The skirt has a partial
rear zippered opening secured by a button and front and rear
vents.

ISSUE:  

     What is the proper classification of the garments at issue?





                              - 2 -


LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes, taken in 
order.  Merchandise that cannot be classified in accordance with
GRI 1 is to be classified in accordance with subsequent GRI's.

     The definition of "suit" for classification purposes within
heading 6203 and 6204 is set forth in Chapter 62, Note 3(a) which
states:

     "The term 'suit' means a set of garments composed of two 
     or three pieces made up of identical fabric and comprising:

     -  one garment designed to cover the lower part of the
        body and consisting of trousers, breeches or shorts
        (other than swimwear), a skirt or a divided skirt,
        having neither braces nor bibs, and

     -  one suit coat or jacket the outer shell of which,
        exclusive of sleeves, consists of four or more
        panels, designed to cover the upper part of the 
        body, possibly with a tailored waistcoat in addition.

     All of the components of a suit must be of the same fabric
     construction, style, color and composition; they must
     also be of corresponding or compatible size."

     
     The definition of "ensemble" for classification purposes, as
set forth in Chapter 62, Note 3(b), is as follows:

     "... a set of garments (other than suits and articles of
     heading 6207 and 6208) composed of several pieces and 
     made up in identical fabric, put up for retail sale, and
     comprising:

     -  one garment designed to cover the upper part of the
        body, with the exception of waistcoats which may 
        also form a second upper body garment, and

     -  one or two different garments, designed to cover the
        lower part of the body and consisting of trousers,
        bib and brace overalls, breeches, shorts (other than
        swimwear), a skirt or a divided skirt.

                              - 3 -

     All of the components of an ensemble must be of the same
     fabric construction, style, color and composition; they 
     also must be of corresponding or compatible size."

     The threshhold issue is whether the subject merchandise
meets either the definition of suit or ensemble as set forth
supra.   No evidence was submitted to this office which
establishes that the garments at issue are put up together for
retail sale, nor was information provided as to how these
garments are to be sold or marketed.  Each garment is referenced
by a separate style number; this indicates that the garments will
be sold at retail separately.  As we have no basis on which to
assume that the garments at issue will be put up together at
retail, this office is of the opinion that the two garments at
issue must be classified individually, and not as a suit or
ensemble.

     Our next inquiry is whether the upper body garment at issue
is a suit-type jacket of heading 6204, HTSUSA, or a blouse of
heading 6206, HTSUSA.  The Harmonized Commodity Description and
Coding System Explanatory Notes, which represent the official
interpretation of the HTS at the international level, state in
regard to suits of heading 6204 that the notes of heading 6104
apply, mutatis mutandis, to the articles of heading 6204.  The
notes for heading 6104, provide in relevant part:

     "one suit coat or suit jacket the outer shell of which
     (exclusive of sleeves, and facings or collar, if any)
     consists of at least four panels (two in the front
     and two in the back) sewn together lengthwise, designed
     to cover the upper part of the body, with a full front
     opening without a closure or with a closure other than
     a slide fastener (zipper).  It does not extend below the
     mid thigh area and is not for wear over another coat, 
     jacket or blazer.  A tailored waistcoat may also be 
     included."

     The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, enumerates
characteristics usually associated with suit-type coats. The
Guidelines, at page 4, state that "suit-type coats must:
     
     (1) be tailored; 

     (2) have a full-frontal button or snap opening; 

     (3) have sleeves (of any length); 

     (4) be designed for wear over a lighter outer garment; and 

     (5) have three or more panels (excluding sleeves), of which
         two are at the front sewn together lengthwise."
                              - 4 -
  
Style MJ-541J meets all of the criteria set forth in the
Guidelines for suit-type coats except that the garment is not 
designed for wear over lighter outer garments.  While Customs has
previously held that a jacket may be worn over outerwear or be
worn by itself, we note that style MJ-541J is designed in such a
manner that it is not practicable for wear over other outerwear
and can only be worn by itself.  It is on this basis that we deem
style MJ-541J not classifiable as a suit-type jacket under
heading 6204, HTSUSA. See Headquarters Ruling Letters (HRL's)
953237, dated February 2, 1993 and 088476, dated May 10, 1991.  

     In addition to the fact that style MJ-541J is not designed
to be worn over outerwear, there are no other features which
would indicate that this garment is a suit-type jacket.  Suit-
type coats or blazers often possess features commonly found on 
jackets.  The Guidelines, at page 6, list the following features
as characteristic of jackets: 

     (1) fabric weight equal to or exceeding 10 ounces per square
         yard; 

     (2) a full or partial lining; 

     (3) pockets at or below the waist; 

     (4) back vents or pleats. Also side vents in combination    
         with back seams; 

     (5) Eisenhower styling; 

     (6) a belt or simulated belt or elasticized waist on hip    
         length or longer shirt-jackets; 

     (7) large jacket/coat style buttons, toggles or snaps, a    
         heavy-duty zipper; 

     (8) lapels; 

     (9) long sleeves without cuffs; 

     (10) elasticized or rib knit cuffs; 

     (11) drawstring, elastic or rib knit waistband.

     Aside from the presence of back and side vents, style MJ-
541J does not possess any of the above-cited jacket features. 
This fact, together with the fact that style MJ-541J cannot be
worn over outerwear, conclusively proves that this garment is not
classifiable as a suit-type jacket under heading 6204, HTSUSA.  
     
     Heading 6206, HTSUSA, provides for women's or girls'
blouses, shirts and shirt-blouses.  The Guidelines, page 16,
                         - 5 -          

state that blouses usually extend from the neck or shoulders to
the vicinity of the waistline.  Blouses may have any type of
collar or no collar and the closure, if there is one, may be on 
the front, back or side.  Based on these criteria, and the
overall appearance of the garment, we are of the opinion that
style MJ-541J is classifiable as a blouse under heading 6206,
HTSUSA,

     As style MJ-4242 is not part of a suit or ensemble, it is
classifiable separately under heading 6204, HTSUSA, which
provides for, inter alia, women's woven skirts.

HOLDING:

     Style MJ-541J is classifiable under subheading 6206.90.0040,
HTSUSA, which provides for "women's or girls' blouses, shirts and
shirt-blouses: of other textile materials... other," dutiable at
a rate of 7.1 percent ad valorem.  The applicable textile quota
category is 840.

     Style MJ-4242 is classifiable under subheading 6204.59.4060,
HTSUSA, which provides for women's or girls' skirts and divided
skirts: of other textile materials: other... other," dutiable at
a rate of 7.2 percent ad valorem.  The applicable textile quota
category is 842.

     The designated textile and apparel categories may be
subdivided into parts.  If so, the 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 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 updated weekly and
is available for inspection at your local Customs office.

     Due to the nature of the statistical annotation (the ninth
and tenth digits of the classification) and the restraint
(quota/visa) categories, 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