HQ 086007: Classification of men's woven trousers

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 086007

                        January 29, 1990




CLA-2  CO:R:C:G   086007  CC

CATEGORY:  Classification

TARIFF NO.:  6203.49.3045

Mr. Bob Maraldo
Henry Grethel
1155 Avenue of the Americas
New York, N.Y. 10036

RE:  Classification of men's woven trousers

Dear Mr. Maraldo:

     This letter is in response to your inquiry of October 27,
1989, on behalf of Henry Grethel, requesting tariff
classification of men's woven trousers from Hong Kong under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  A sample was submitted for examination.

FACTS:

     The submitted sample, designated as style P-8992, is a pair
of men's woven trousers, which have an outer shell composed of a
blend of 55 percent linen and 45 percent cotton fabric.  Its
waistband lining and pocketing are composed of a blend of 65
percent polyester and 35 percent cotton fabric.  The sample has
two side seam pockets, two rear pockets, a fly front with a
zipper closure, and a button closure at the waist.  Belt loops
encircle the waist of the pants.

ISSUE:

     Whether the waistband lining and pocketing affect
classification of the sample trousers within Heading 6203,
HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
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 6203, HTSUSA, provides for men's trousers that are
not knitted or crocheted.  The submitted men's woven trousers are
classifiable in this heading.

     The issue that remains is whether the waistband lining and
pocketing affect the classification of the submitted trousers.
The Explanatory Notes, which constitute the official
interpretation of the HTSUSA at the international level, state
for Chapter 62 the following:

          The classification of goods in this Chapter is not
     affected by the presence of parts or accessories of, for
     example, knitted or crocheted fabrics, furskin, feather,
     leather, plastics or metal.  Where, however, the presence of
     such materials constitutes more than mere trimming the
     articles are classified in accordance with the relative
     Chapter Notes (particularly Note 4 to Chapter 43 and Note
     2(b) to Chapter 67, relating to the presence of furskin and
     feathers, respectively), or failing that, according to the
     General Interpretive Rules.

     The Explanatory Notes to Heading 6217 contain a partial
listing of articles considered to be "parts" and "accessories."
That listing includes items such as linings, pockets, collars,
and cuffs.

     The waistband lining and pockets of the submitted trousers
are parts or accessories which would not be considered more than
mere trimming.  Therefore, they would not affect the
classification of the submitted trousers.

     The composition of the outer shell, made of a blend of 55
percent linen and 45 percent cotton, would determine the
applicable subheading for classification of the submitted
trousers.  According to Subheading Note 2(A) to Section XI,
"Products of chapters 56 to 63 containing two or more textile
materials are to be regarded as consisting wholly of that
textile material which would be selected under note 2 to this
section for the classification of a product of chapters 50 to 55
consisting of the same textile materials."  Note 2(A) to Section
XI states that goods classifiable in chapters 50 to 55 or in
Heading 5809 or 5902 and of a mixture of two or more textile
materials are to be classified as if consisting wholly of that
one textile material which predominates by weight over each other
single textile material.  The linen predominates by weight in
the outer shell, and the submitted trousers are classifiable
accordingly.

HOLDING:

     The submitted trousers are classified in subheading
6203.49.3045, HTSUSA, which provides for articles of apparel and
clothing accessories, not knitted or crocheted, men's trousers,
of other textile materials, other, trousers and breeches, other,
other.  The rate of duty is 3 percent ad valorem and the textile
category is 847.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.

     The designated textile and apparel category may be
subdivided into parts.  If so, 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 that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division