CLA-2 CO:R:C:T 952704 jb

Mr. Rob Tarquinio
Roytex, Inc.
16 East 34th Street
New York, NY 10016

RE: Modification of PC 876238; bona fide intention to sell components separately; separate classifications for jackets and trousers; subheadings 6201.93.3510 and 6203.43.4010, HTSUSA

Dear Mr. Tarquinio:

This is in response to your letter, dated August 26, 1992, requesting modification of Pre-entry Classification Ruling (PC) 876238, dated July 23, 1992, classifying several styles of jackets and trousers.

FACTS:

On July 23, 1992, our New York office issued you Pre-entry Classification Ruling (PC) 876238, classifying several styles of jacket and trousers sets as woven track suits in heading 6211, HTSUSA.

The merchandise at issue, referred to as Style numbers 290113, 290115, 290117 and 290121, consists of jackets and trousers with an inner lining of 65 percent polyester and 35 percent cotton, and an outer fabric of 100 percent Trilobal nylon, imported from Malaysia.

Since the issuance of that ruling, you state that those referenced style numbers are being packed, shipped and sold as separates.

ISSUE:

Whether the subject merchandise is classifiable as suits in heading 6211, HTSUSA, or as separates in headings 6201 and 6203, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

In Headquarters Ruling (HQ) 088423, dated May 20, 1991, regarding a similar issue, we stated:

Therefore, whether sets of garments which are not packed together in such a manner that they are readily identifiable as suits depends upon the intent of the importer. If, at the time of importation, the importer has bona fide intention to sell the suit components as suits, as evidenced by the documentation in the entry package, then the merchandise, in the absence of evidence to the contrary, is classifiable as suits. If, at the time of importation, the importer has bona fide intention to sell the suit components separately, as evidenced by the documentation in the entry package, then the merchandise, in the absence of evidence to the contrary, is classified as separates. If information is received that the garments are merchandised in a manner not consonant with the entered classification, action under 19 U.S.C. section 1592 may of course be appropriate.

As you state that the subject merchandise is no longer being sold as sets, but are being packed, shipped and sold as separates, classification should reflect this change. Additionally, as there is no possible gain in claiming separate classification in this instance, we see no need to obtain further documentation.

HOLDING:

The subject merchandise, Style numbers 290113, 290115, 290117 and 290121, are classified to indicate separate classifications for the jackets and trousers. The jackets are classifiable in subheading 6201.93.3510, HTSUSA, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The applicable rate of duty is 29.5 percent ad valorem and the quota category is 634.

The trousers are classifiable in subheading 6203.43.4010, which provides for other men's trousers of synthetic fibers. The applicable rate of duty is 29.7 percent ad valorem and the quota category is 647.

In order to ensure uniformity in Customs classification of this merchandise and eliminate uncertainty, pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), PC Ruling 876238 is modified to reflect the above classification effective with the date of this letter.

This modification is not retroactive. However PC Ruling 876238 will not be valid for importations arriving in the United States after the date of this notice.

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