CLA-2 CO:R:C:T 089422 CMR
Edward N. Glad, Esq.
Glad & Ferguson
606 South Olive Street
Suite 1700
Los Angeles, CA 90014
RE: Classification of a women's pants suit; jacket and pants; not
of identical colors; not a suit; heading 6204
Dear Mr. Glad:
This ruling is response to your request of May 22, 1991, on
behalf of Pan Pacific Wholesalers, Inc., for the classification
of a women's pants suit. The pants suit will be imported from
Hong Kong or the People's Republic of China.
FACTS:
The garments at issue consist of a jacket and pants which we
will assume are to be sold as a unit since in your request you
consistently refer to them as a suit.
The jacket, style 5499, and the pants, style J511, are each
made of 55 percent ramie/45 percent cotton woven fabric. The
jacket is fully lined with a woven fabric we will assume is man-
made. The jacket is constructed with six panels sewn together
vertically: two rear, two side, and two front. The jacket
features a full front opening secured by a single button, a lapel
collar, long sleeves without cuffs and with three buttons at the
wrist, and two front pockets below the waist. The jacket is
solid green with a solid black one-inch wide integrally
constructed border at the collar, front opening and pocket edges.
The pants feature a high waist with a notch in the center
back, a pleated front, a zippered front fly secured by two
buttons, three belt loops, two front pockets with slant openings,
and two rear pockets each secured by a button. The pants are
solid green.
-2-
You have also requested a classification decision regarding
ladies' suits made up of different colored squares, all of 55
percent ramie/45 cotton. However, no sample garment was
submitted.
ISSUE:
Are the submitted jacket and pants classifiable as a women's
suit or must the garments be separately classified?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
Note 3(a) to Chapter 62, Section XI, states in pertinent
part:
(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 Explanatory Note to heading 6204, which constitutes the
official interpretation of the HTSUSA at the international
level, states that the provisions of the Explanatory Note to
heading 6104 apply, mutatis mutandis, to the articles of heading
6204. With regard to the jacket component of a suit, Explanatory
Note (A) to heading 6104 states in pertinent part:
-3-
- one suit coat or suit jacket the outer shell of which
(exclusive of sleeves, and facings or collar, if any)
consists of at least four panels (two in front and two at
the back) sewn together lengthwise, designed to cover the
upper part of the body, with a full front opening without a
closure or with a closure other than a slide fastener
(zipper). * * *
In your letter of May 22, 1991, you state: "We appreciate
that were the suit to be all of one fabric or color it would fall
with Heading 6204.19.30.90.5 and require a visa under Category
844." In this instance, the components of the suit are not of
the same color. The trousers are green; the jacket is green and
black. The legal note in Chapter 62 regarding suits specifically
requires that all components must be, inter alia, of the same
color. The black border on the jacket is not repeated anywhere
on the trousers. Therefore, the components fail to meet the
requirements for classification as a suit under the HTSUSA.
Regarding the suits of different colored squares, without a
sample it is not possible to furnish a specific classification
decision. However, you should note that the requirements of Note
3(a), Chapter 62, Section XI, HTSUSA, are strictly applied in
determining classification of garments as suits.
HOLDING:
The submitted garments are not classifiable as a suit
because they are not of the same color. The jacket is
classifiable as a women's suit-type jacket, of other textile
materials, in subheading 6204.39.8060, HTSUSA, textile category
835, dutiable at 6.7 percent ad valorem. The trousers are
classifiable as trousers of other textile materials in subheading
6204.69.9044, textile category 847, dutiable at 3 percent ad
valorem.
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 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 your local Customs office.
-4-
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