HQ 084424: Classification of a women's cotton/rayon dress

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 084424

                                 August 16, 1989


      CLA-2 CO:R:C:G  084424  CMR  839778

      CATEGORY: Classification

      TARIFF NO.: 6204.44.4010

      Ms. Hillary Hardy
      Playknits, Inc.
      240 West 40th Street
      New York, New York  10018

      RE: Classification of a women's cotton/rayon dress

      Dear Ms. Hardy:

           This ruling is in response to your letter of April 17, 1989,
      requesting the classification of a women's cotton/rayon dress.

      FACTS:

           The dress at issue, style #5570, is one-piece and has a 100
      percent cotton woven velveteen bodice with 100 percent rayon printed
      challis long sleeves and a 100 percent rayon printed challis skirt.
      Overall, the rayon is 60 percent by weight, the cotton 40 percent.
      The dress features a dropped waist, round neckline without collar,
      and a zipper closure in the back.

           The dress will be imported from the Philippines.

      ISSUE:

           Is the dress classifiable as "of cotton" or as "of synthetic
      fibers"?

           Is the classification determination based on which fiber
      predominates by weight or according to which fabric imparts the
      essential character, insofar as that is determinable?

      LAW AND ANALYSIS:

           HRL 083925 of June 9, 1989, stated that "where separate fabrics
      are combined to form a textile garment or article, GRI 3 is utilized
      first to select which fabric will determine [the] classification."











                                       -2-


      Therefore, since the dress at issue is made of two different fabrics,
      it is necessary to apply GRI 3(b) to select the fabric by which it
      should be classified.

           Determination of essential character is understandably diffi-
      cult.  In an effort to ease that difficulty and inject objectivity
      and uniformity into the determination, Customs has issued a
      Memorandum to the Area Director, New York Seaport, File #084118 of
      April 13, 1989 (copy attached), establishing criteria to be applied
      in the classification of garments consisting of different fabrics or
      of textile and nontextile components.

           In the case of full body garments, the memorandum states:

           that component which comprises the visible upper portion will
           determine the classification; however, classification will be
           according to GRI 3(b) or 3(c), as appropriate, if the other
           component:

                (1) provides a significant visual effect (e.g. a
                    substantial amount of lace); or
                (2) is over 60 percent by weight of the garment; or
                (3) is valued at more than 2 times the primary component.

           In the instant case, the upper portion of the garment is
      comprised of both fabrics.  The velveteen bodice is the major
      portion, however the challis print long sleeves cannot be ignored.
      Additionally, the challis print skirt portion of the dress does
      provide a significant visual effect and, while it is not over 60
      percent by weight of the garment, it is 60 percent by weight of the
      garment.  Taking these factors into consideration, we believe we must
      decide whether it is possible to determine which fabric imparts the
      essential character of the dress.

           Considering the styling of the dress and the visual impact of
      both fabrics, we cannot maintain that either one imparts the
      essential character of the garment; they both do.  Since we cannot
      claim one fabric gives the garment its essential character, we must
      resort to GRI 3(c).

           Under GRI 3(c), we classify the garment according to that
      heading which occurs last in the HTSUSA from among those under
      consideration.

      HOLDING:

           The dress at issue is classified under the provision for women's
      dresses of artificial fibers, subheading 6204.44.4010, HTSUSA,
      textile category 636, dutiable at 17 percent ad valorem.












                                       -3-


           Due to the changeable 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
















































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins