HQ 084334: Classification of certain sequined women's garments

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 084334

                                 August 23, 1989


      CLA-2 CO:R:C:G  084334  CMR

      CATEGORY: Classification

      TARIFF NO.: 6104.31.0000

      Peter Klestadt, Esq.
      Grunfeld, Desiderio, Lebowitz & Silverman
      12 East 49th Street
      New York, New York  10017

      RE: Classification of certain sequined women's garments

      Dear Mr. Klestadt:

           This ruling is in response to your letter of April 19, 1989, on
      behalf of Adrienne Vittadini, Inc., requesting the classification of
      certain sequined women's garments.

      FACTS:

           The garments at issue, styles R15033, R13034, R15034 and R15235,
      are made of 100 percent wool knit fabric.  Each style has sequins and
      beading sewn onto the garment forming a decorative pattern.  The
      garments have long sleeves, round necklines without collars, and full
      frontal openings.  Style R13034 has button closures.  Style R15034
      has hidden hook and eye closures.  Styles R15033 and R15235 have
      hidden snap closures.  All four styles are tailored; none are lined.

           The garments will be manufactured in Hong Kong and imported
      through New York.

      ISSUE:

           Are the garments classifiable as shirts, tops or jackets?

           Are the garments classifiable as textile wearing apparel or as
      wearing apparel of plastics?
















                                       -2-


      LAW AND ANALYSIS:

           The determination of whether these garments are blouses or
      jackets is based on the styling and construction of the garments and
      the manner in which we believe they will be principally used.  See,
      United States v. Bruce Duncan Co., 50 CCPA 43, 46, C.A.D. 817 (1963).

           These garments are excessively ornamented with embroidery and
      beading.  This alone is not decisive; however, the effect of this
      excessive ornamentation is.  The garments are very heavy and are not
      lined.  Normally, lining is a feature found in jackets, not shirts or
      tops.  In this case, however, the lack of lining and the weight of
      the garments are the features which lead us to believe these garments
      will be principally used as jackets and not as shirts or tops.

           We do not believe a woman would wear any of these garments next
      to her skin with nothing more than the usual undergarments.  The
      extensive stitching on the inside of the garments makes them
      uncomfortable for wear next to the skin.

           The overall impression of these garments is that they are
      jackets and we believe they will be worn as such.

           The issue of whether these garments are classifiable as textile
      wearing apparel or as wearing apparel of plastics arises due to the
      extensive beading and applique work present on them.  The Explanatory
      Notes, which are the official interpretation of the HTSUS at the
      international level, state in the general notes to chapter 61 that
      the classification of goods in the chapter "is not affected by the
      presence of parts or accessories of, for example, . . ., plastics or
      metal.  Where, however, the presence of these materials constitutes
      more than mere trimming the articles are classified in accordance
      with the relative Chapter Notes . . ., or failing that, according to
      the General Interpretative Rules."

           With the exception of perhaps style R15034, we cannot dismiss
      the beading and applique work on these garments as mere trimming.
      Therefore, we must look to the chapter notes, and if necessary, the
      General Rules of Interpretation (GRIs).

           Prima facie, taking the beading and applique work into
      consideration, it would appear the garments could be classified under
      two headings--heading 3926, which provides for other articles of
      plastics and articles of other materials of headings 3901 to 3914;
      and heading 6104, which provides for women's suit-type jackets and
      blazers, among other things.  Examining the chapter notes for chapter
      39 and chapter 61, we find that Note 2(l) of chapter 39 excludes from
      classification within that chapter "goods of section XI (textile and
      textile articles)."












                                       -3-


           The garments before us are knit textile jackets with varying
      amounts of beading and applique work.  In chapter 61, we find an eo
      nomine provision for women's and girls' knitted or crocheted suit-
      type jackets and blazers.  The existence of this eo nomine provision
      compels us to view the garments before us as "goods of section XI"
      and, therefore, excluded from classification in chapter 39 by
      application of Note 2(l).  Note 2(l) requires classification
      "otherwise" than by application of GRI 3(b).

      HOLDING:

           The submitted garments, styles R15033, R13034, R15034 and
      R15235, are classifiable as wool jackets in subheading 6104.31.0000,
      HTSUSA, textile category 435, dutiable at 68.3 cents per kilogram
      plus 20 percent ad valorem.

           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