HQ 086092: Vest Overalls

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 086092

                      March 21,1990



CLA-2  CO:R:C:G  086092  JS

CATEGORY:  Classification

TARIFF NO.:  6211.32.0015, 6211.42.0020

Mr. Saul Tawil
Stretch-O-Rama, Inc.
West 34th Street
New York, NY 10120

RE: Vest Overalls

Dear Mr. Tawil:

     This is in reference to your letter of November 15, 1989,
requesting classification of vest overalls under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  A
sample was provided for our inspection.

FACTS:

     The sample at issue, style no. 5100, is a one piece garment
made of 100% cotton denim.  It is made up of two parts consisting
of a vest top which is permanently sewn to a pair of trousers. 
The top is tailored to form a "V", which can be left open or
fastened by two metal buttons.  There are two vest pockets on
each side of the frontal opening.  The vest top is attached to
the rear waistband of the pants.   

     The trousers have a slash pocket on either side, a zipper
fly, belt loops, and hemmed bottoms.  You state that these
garments will be imported in boys sizes 2 to 7 and girls sizes 2
to 14.  You also ask that we provide a binding classification for
style nos. 9614, 9615, 9616, 9617, and 9618, for which diagrams
have been provided, depicting similar vest overalls which differ
in the degree or kind of decorative stitching or applique work. 

ISSUE:

     Whether the garment in issue is classifiable as other
garments of Heading 6211, HTSUSA?







LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.

     Heading 6211, HTSUSA, provides for track suits, ski-suits
and swimwear; other garments.  The Explanatory Notes constitute
the official interpretation of the tariff at the international
level.  The Explanatory Notes to heading 6211 state that the
heading covers ... garments which are not included more
specifically in the preceding headings of this Chapter.  Since
the sample at issue is not otherwise provided for in a preceding
chapter, classification is appropriate under this heading.
   
HOLDING:

     Style no. 5100 is classified under subheading 6211.32.0015,
HTSUSA, if for boys' sizes 2 to 7, which provides for track
suits, ski-suits and swimwear; other garments: other garments,
men's or boys': of cotton: coveralls, jumpsuits and similar
apparel: other: boys': sizes 2-7, textile category 237, and
dutiable at the rate of 8.6 percent ad valorem.  

     If for girls' sizes 2-14, style no. 5100 is classified under
subheading 6211.42.0020, HTSUSA, textile category 237, dutiable
at the rate of 8.6 ad valorem.  

     Style nos. 9614, 9615, 9616, 9617 and 9618, if constructed
in the same manner, are classified under subheading 6211.32.0015,
HTSUSA or 6211.42.0020, HTSUSA in accordance with the distinction
set forth above.

     The designated textile and apparel category 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 the time of shipment, the Status Report
on Current Import Quotas (Restraint Levels), an issuance of the
U.S. Customs Service, which is updated weekly and is available
for inspection at your local Customs office. 

     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 Operations Division