HQ 956729: Classification of women's vest, jacket and pants; suit v.separates; Note 3 to Chapter 62; suit components must all be ofthe same fabric construction, style, color and composition;presence of trim on only one primary component of a three piecearticle excludes the adorned garment from classification as asuit, but remaining components classifiable as a suit if theymeet prerequisites of Note 3 to Chapter 62; HRL 954140 (1/6/94);HRL 089422 (9/17/91).

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 956729

                        September 19, 1994

CLA-2 CO:R:C:T 956729 SK

CATEGORY: Classification

TARIFF NO.'s: 6204.13.2010; 6211.43.0076

Gayle Williams
Sears Merchandise Group
3333 Beverly Road
Hoffman Estates, Illinois 60179

RE: Classification of women's vest, jacket and pants; suit v.
separates; Note 3 to Chapter 62; suit components must all be of
the same fabric construction, style, color and composition;
presence of trim on only one primary component of a three piece
article excludes the adorned garment from classification as a
suit, but remaining components classifiable as a suit if they
meet prerequisites of Note 3 to Chapter 62; HRL 954140 (1/6/94);
HRL 089422 (9/17/91).

Dear Ms. Williams:

     This is in response to your letter of May 26, 1994, in which
you request a binding classification ruling for a women's woven
3-piece garment.  A sample was submitted to this office for
examination and will be returned to you under separate cover.

FACTS:

     The merchandise at issue is referenced style numbers 70126
(ivory) and 70127 (red).  This office is in receipt of style
70126.  The garment is manufactured of a 65 percent polyester and
35 percent rayon woven fabric and is comprised of a jacket, pants
and upper body garment.  The collarless jacket is constructed
from eight panels and features a V-neck, long sleeves without
cuffs, a full front opening secured with eight fabric covered
buttons (right over left closure), two front pockets, and a
straight hemmed bottom.  The pants have a waistband with an
elasticized back, a side-button closure, two side pockets, wide
legs and a hemmed bottom.  The sleeveless upper body garment is
constructed from eight panels and features a full front opening
secured by four fabric covered buttons, a V-neck, flat braid
herringbone trim (soutache) on both front panels and a straight
hemmed bottom.  All three garments are fully lined with a 100
percent nylon woven fabric.  The garments are part of a 3-piece
suit that will be imported and sold together.

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ISSUES:

     Does the presence of trim on the upper body garment preclude
the garment from classification as a suit?

     Is the upper body garment separately classifiable as a vest
or a blouse?

     Does the exclusion of the vest from classification as a suit
render the remaining two constituent garments similarly precluded
from classification under heading 6204, HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes, taken in
order.  Merchandise that cannot be classified in accordance with
GRI 1 is to be classified in accordance with subsequent GRI's.

     Our initial inquiry is whether the sleeveless upper body
garment is classifiable as part of a suit, or as a separate
garment.  Note 3 to Chapter 62, Section XI, HTSUSA, provides:

     "[F]or purposes of headings 6203 and 6204:

     (a) The term "suit" means a set of garments composed of two
     or three pieces made up in identical fabric and comprising:

          - one garment designed to cover the lower part of the
          body and consisting of trousers, breeches or shorts
          (other than swimwear), a skirt or a divided skirt,
          having neither braces nor bibs, and

          - one suit coat or jacket the outer shell of which,
          exclusive of sleeves, consists of four or more panels,
          designed to cover the upper part of the body, possibly
          with a tailored waistcoat in addition.

     All of the components of a suit must be of the same 
     fabric construction, style, color and composition; 
     they must also be of corresponding or compatible size."

     The vest, jacket and pants are made of identical fabric and
are of the same color and composition.  The vest, however,
differs stylistically from the other two articles in that it 

                              - 3 -

features flat braid herringbone trim (soutache) on its front
panels.  This office has consistently held that the failure of
one suit component to match the other in terms of style, color
and fabric construction and composition, will preclude both
garments from classification as a suit.  See Headquarter Ruling
Letters (HRL's) 954140, dated January 6, 1994, and 089422, dated
September 17, 1991.   Although these rulings dealt with whether
the presence of trim or color on a jacket, which was not
duplicated on the jackets' corresponding skirt or trousers,
precluded classification as a suit, it is this office's opinion
that the present situation is analogous.  Vests are frequently
featured suit components and the language of Note 3, set forth
supra, specifically includes a "tailored waistcoat" as a possible
addition to a suit.  It follows, therefore, that the presence of
trim on a vest, where it is not present on the other suit
components, will preclude the vest from classification as a suit. 


     As it has been determined that the upper body garment is to
be classified separately, the next issue is whether the garment
is deemed a vest or a blouse for classification purposes.  
Although there is no specific definition of "vest" in either the
Explanatory Notes to the tariff schedule or the Textile Category
Guidelines (CIE 13/88), Customs has consistently classified only
those garments which are designed to be worn over other outerwear
garments as vests.  This interpretation is supported by The
Essential Terms of Fashion: A Collection of Definitions, by C.M.
Calasibetta, (1986), which defines a vest as "an item of wearing
apparel extending to the waist or longer, similar to a sleeveless
jacket, usually worn over a blouse or shirt and sometimes under a
suit jacket."  We note that shirts are described in the Textile
Category Guidelines, at page 15, as garments which are "worn over
underwear or the 
skin... ."    

     In the instant case, an examination of how the upper body
garment is constructed is revealing.  The garment is designed
with a V-neck and slightly oversized armholes which measure
approximately 9 3/4 inches in the half curve measurement.  This
opening is slightly larger than that usually found on women's
blouses.  Although the garment offers sufficient coverage so that
it could be modestly worn alone, as is currently the fashion
trend with similarly-styled garments, it is Customs' opinion that
this particular garment is designed as a vest because another
outerwear garment can comfortably be worn underneath it and
because blouses usually do not incorporate linings constructed in
this manner.  Accordingly, classification is proper under
subheading 6211.43.0076, HTSUSA, which provides for, inter alia,
other women's vests of man-made fibers.


                              - 4 -

     Our final inquiry is whether the vest's preclusion from
classification as a suit affects the other two garments'
classification as suit components.  When classifying 
2-piece suits in the past, this office determined that where one
constituent garment (e.g., a  jacket) does not meet the
requirements of Note 3 to Chapter 62, both garments are
classified separately.  However in situations where 3-piece suits
are at issue, and one constituent piece is deemed separately
classifiable, the remaining two constituent garments may still be
classifiable under the suit provision of heading 6204, HTSUSA, so
long as the prerequisites set forth in Note 3 to Chapter 62 have
been satisfied.   Although the vest in the instant case is
classifiable separately by virtue of the fact that it differs
stylistically from the other two components, the remaining two
components satisfy the suit prerequisites set forth in Note 3 to
Chapter 62.  Absent the vest, style 70126 is a 2-piece suit and
classification is based accordingly within heading 6204, HTSUSA.  
HOLDING:

     Styles 70126 and 70127 (to the extent that style 70127 is
identical to 70126 except for color) are classified accordingly:

The vest component of styles 70126 and 70127 is classifiable
under subheading 6211.43.0076, HTSUSA which provides for, inter
alia, other women's vests of man-made fibers, dutiable at a rate
of 17 percent ad valorem.  The applicable textile quota category
is 659.

The jacket and trouser components of style 70126 and 70127 are
classifiable under subheading 6204.13.2010, HTSUSA, which
provides for, inter alia, other women's suits of synthetic
fibers, dutiable at a rate of 37.5 cents per kilogram plus 27.5
percent ad valorem.  The applicable textile quota category is
644.

     The designated textile and apparel categories 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 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 updated weekly and
is available for inspection at the local Customs office.

     Due to the nature of the statistical annotation (the ninth
and tenth digits of the classification) and the restraint 


                              - 5 -

(quota/visa) categories, you should contact the 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