us-cbp-cross-rulings-hq-083668•HQ 083668: Tariff classification of skirt and belt
HQ 083668: Tariff classification of skirt and belt
us-cbp-cross-rulings-hq-083668HQ 083668: Tariff classification of skirt and beltGuidance
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 083668
March 16, 1989
CLA-2 CO:R:C:G 083668 SM
CATEGORY: Classification
TARIFF NO.: HTSUS 6204.52.2070
Ms. Kim Williams-Brinck
Import Operations
Expeditors International
P.O. Box 69620
Seattle, WA 98168
RE: Tariff classification of skirt and belt
Dear Ms. Williams-Brinck:
Your letter of January 30 on behalf of Worth Stores,
addressed to Customs in Seattle, requesting a tariff clas-
sification ruling for a skirt and belt, has been referred to
this office for reply.
FACTS:
The submitted sample of Style 11503 is marked "Made in
U.S.A.," although you state that the goods will be imported
from China. It consists of a skirt and a belt. The pleated
skirt is 100 percent woven cotton chambray. It features a
rise above the waist with four belt tunnels an inch below the
top edge, self-fabric adjustable shoulder straps, and a nine-
inch side zipper. A vinyl belt with a metal buckle accom-
panies the garment.
ISSUE:
How are the skirt and belt classified?
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. After that, if the headings or notes do
not require otherwise, classification is in accordance with
the remaining GRI's.
-2-
Heading 6204, HTSUSA, provides for skirts. Heading
3926, HTSUSA, provides for other articles of plastics. No
single heading provides for both the skirt and the plastic
belt. Classification cannot be determined under 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 trousers and belts in ques-
tion 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 classi-
fied as if they consisted of the material or component which
gives them their essential character . . . ."
The Explanatory Notes, the official interpretation of
the HTSUSA at the international level, for GRI 3(b) provide
interpretation of the terms essential character and goods put
up in sets for retail sale.
The Explanatory Notes state that goods put up in sets for
retail sale are those that:
(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 . . . .
-3-
In this case the goods to be classified consist of a textile
garment and a plastic belt prima facie classifiable in dif-
ferent headings. These articles are put up together to pro-
vide a coordinated outfit of skirt and belt in the same style.
They are stated to be imported together; we assume that they
are ready for direct sale without repacking. Thus they meet
the requirements for classification as a set.
The Explanatory Notes state further that the factor
determining which article of a set provides its essential
character will vary with different kinds of goods. It may be
"the nature of the material or component, 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 virtually every instance
involving belt and garment combinations, it is the garment
that provides the essential character. The belt is merely an
accessory to the garment and, barring exceptional circum-
stances, is not the main reason for the existence of the
combination or the primary motivating factor governing the
purchase of the two articles.
HOLDING:
The skirt and belt are classified under subheading
6204.52.2070, HTSUSA, textile category 342, a provision for
women's cotton skirts.
Because of the changeable nature of the statistical
annotation (the ninth and tenth digits of the tariff number)
and 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
6cc: Area Director, New York Seaport Area
cc: Legal Reference Section
cc: CITA
cc: NIS Eileen Crowley
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