HQ 085171: Protest 1001-7-004226, ladies sequined silk blouse and pants

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 085171

                        November 30, 1989


CLA-2 CO:R:C:G  085171  JMH

CATEGORY:  Classification

TARIFF NO.:  384.27, 741.50

District Director
JFK Area
JFK Airport, Bldg. 178
Jamaica, New York  11430

RE:  Protest 1001-7-004226, ladies
     sequined silk blouse and pants

Dear Sir:

     The following is our decision regarding protest 1001-7-
004226, dated March 26, 1987.  At issue is the classification
under the Tariff Schedule of the United States (TSUS) for certain
ladies sequined silk pants and a blouse.

FACTS:

     The merchandise in question are ladies silk pants and a
blouse which are covered with sequins.  The clothing is invoiced
as "fully beaded" garments.  A sample is ot available.  According
to the information in our file, the silk fabric composing the
blouse and the majority of the fabric in the pants is not visible
to the observer.   Apparently, the waist band of the pants is the
only part of the garment not covered with the sequins.  The pants
and blouse are imported from Hong Kong by He-Ro Industries, Inc.

     The protestant claims that the goods are classifiable
within Item 741.50, TSUS, as "Articles not specially provided
for, of beads, of bugles, of spangles, of imitation gemstones, or
of any combination thereof..."  The articles were classified
within Item 384.27, TSUS, as "...women's, girls' or infants
wearing apparel, ornamented...trousers, slacks, and shorts..."

ISSUE:

     Whether the sequins covering the silk pants and blouse
constitute ornamentation of clothing for the articles to be
classified within Item 384.27, TSUS.


                               -2-


LAW AND ANALYSIS:

     The concept of "ornamentation" is found within Schedule 3,
headnote 3, TSUS.  One of the requirements for an article of
wearing apparel to be "ornamented" is that "such textile fabric
remains visible, at least in significant part, after
ornamentation..."  Schedule 3, headnote 3(b), TSUS.

     It has been our position that where sections of fabric are
visible due to the inability to cover the area without
overlapping sequins or due to imperfections in handwork, then
the fabric is not significantly visible.  When small amounts of
fabric are only observable upon close scrutiny, the fabric is not
considered visible in significant part.

     In the present situation, the waist band of the pants is
intentionally left uncovered so that the silk material is
completely visible.  It is the opinion of this office that the
uncovered waistband does not create a visible significant part of
the trousers.  Depending on how the blouse is worn or whether a
belt is used, the waistband would not be visible.  Further, it
would be impractical for the comfort of the wearer to cover the
waistband with sequins.

     We conclude, therefore, that the sequined silk blouse and
pants are properly classified within Item 741.50, TSUS.  The
items are so thoroughly covered with sequins that they are not
merely "ornamented" within the meaning of Schedule 3.

HOLDING:

     The He-Ro Industries, Inc. sequined silk blouse and pants
should be classified within Item 741.50, TSUS.  The protest
should be granted.  A copy of this decision should be forwarded
to the protestant with the Form 19, grant of protest.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division