CLA-2 CO:R:C:T 953237 CMR
TARIFF NO: 6204.19.3090
Sherry L. Singer, Esq.
Singer & Singh
525 Seventh Avenue
Suite 1103
New York, New York 10018
RE: Modification of DD 880629 of 12/22/92, DD 880630 of 12/22/92,
DD 880632 of 12/16/92, DD 880633 of 12/17/92, DD 880636 of
12/22/92, DD 880637 of 12/22/92, DD 880639 of 12/17/92, DD
880640 of 12/17/92 and DD 880631 of 12/21/92; jacket v.
blouse; ensemble v. suit
Dear Ms. Singer:
This ruling is in response to your submission of December 24,
1992, and subsequent submissions on behalf of your client, Louise
Paris Ltd., regarding the classification of certain garments which
were the subject of nine district rulings issued in mid-to-late
December. The garments will be imported from China.
FACTS:
The various styles are all made of 55 percent ramie/45 percent
cotton woven fabric. Each style consists of an upper body garment
and a lower body garment. The lower body garment is a pair of
shorts. The following descriptions of the sample garments
submitted to Customs are taken from the various district rulings
at issue herein.
DD 880629 of December 22, 1992
Style 7586BM--The upper body garment features a fold down
collar with notched lapel; a full frontal opening secured by four
metal buttons; shoulder pads; short hemmed sleeves; two front
pockets below the waist with flaps and a decorative button; and a
hemmed bottom. The matching shorts have a partially elasticized
waistband with two metal buttons at the front, a partial front -2-
zipper opening, front pleats and hemmed leg openings. The blouse
collar and sleeves and the bottom of the shorts are trimmed with
white edging.
DD 880630 of December 22, 19992
Style 7524BM--The upper body garment features a full frontal
opening with a six button closure; a squared neckline having a
slight V-shape at the bottom and having five quarter-inch vertical
strips at each shoulder; short, hemmed sleeves; welt pockets with
flaps, located below the waist; rear, princess seams; shoulder
pads; partial lining of back of garment; and a hemmed bottom. The
shorts feature a fly with a zipper and two button closure; a
waistband elasticized in the rear; a small, half-welt pocket below
the front, right waistband ; three pleats, and a hemmed bottom.
DD 880632 of December 16, 1992
Style 7518M--The upper body garment features a notched collar,
a full front opening with four button closures, short hemmed
sleeves, shoulder pads, princess seams in the front and back, two
flapped inset pockets below the waist, two flaps which simulate
pockets on the chest and a hemmed, scalloped bottom. The shorts
feature a waistband which is elasticized in the back, a fly front
zippered opening with a button closure on the waistband, and hemmed
leg openings which are scalloped around the bottom.
DD 880633 of December 17, 1992
Style 7541BM--The upper body garment has a full frontal
opening secured by four buttons, a V-neckline with a wide shawl
collar, short sleeves, shoulder pads, pockets below the waist on
the front, and a flaps simulating pockets above the actual pockets.
The shorts feature a front opening with a zipper closure and a
single button at the top, elasticized waistband in the rear, and
front pleats.
DD 880636 of December 22, 1992
Style 7490M--The upper body garment features a double-
breasted full front opening with a visible two button closure and
an additional single button closure on the inside. The garment
also features a V-neckline and two pockets below the waist. The
shorts have a partially elasticized waistband, two side pockets,
and a zipper closure in the back.
-3-
DD 880637 of December 22, 1992
Style 7653M--The upper body garment features a full front
opening secured by three outside buttons and one inner button,
shoulder pads, pockets below the waist, short sleeves and a large
collar. The shorts are knee-length and feature a partially
elasticized waistband, a fly-front zipper opening with a single
button closure and side pockets.
DD 880639 of December 17, 1992
Style 7648M--The upper body garment features a full front
opening secured by four large gold buttons, two front pockets which
are at or below the waist, short sleeves, shoulder pads, and
notched lapels. The shorts feature a partially elasticized
waistband with a front button closure, a zippered fly front, two
front pockets and one rear pocket.
DD 880640 of December 17, 1992
Style 7529BM--The upper body garment features a full front
opening with a three button closure, a shawl-type collar which
forms a shallow V-neckline, short sleeves, and two inset pockets
with flaps below the waist. The shorts have a partially
elasticized waistband, a fly front zipper opening with two buttons
at the waist, two inset pockets and four pleats on the front.
Braiding is overlaid on the collar and the waistband of the short.
DD 880631 of December 21, 1992
Style 7652M--The upper body garment features a full front
opening with a three button closure near the waist, a deep V-
neckline, an oversized right lapel which extends from the shoulder
to the waist, four-panel front and back, shoulder pads, short
hemmed sleeves, pockets at the waist, a straight hemmed back, and
an inverted V front. The covered buttons, pocket and lapel trim
are a contrasting color, while the lapel is pieced of the two
fabrics, giving the appearance of stripes. The shorts feature a
partially elasticized waistband with a single button closure, a
front zipper closure, side pockets, a right hip pocket, and hemmed
leg openings. The contrasting trim appears on the covered button
and pockets.
The upper body garments for all of the above styles have at
least two panels in the front and two panels in the back sewn
together lengthwise.
-4-
ISSUE:
Were the garments which were classified in the above cited
rulings properly classified as ensembles consisting of blouses and
shorts or, are these garments classifiable as suits of heading
6204, HTSUSA?
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 and, provided
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
Chapter 62, Note 3(a), defines the term "suit", in pertinent
part, to mean:
. . . a set of garments composed of two or three pieces made
up of 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 garments at issue were classified in the district rulings
under reconsideration as ensembles. Chapter 62, Note 3(b), defines
"ensembles" to mean:
. . . a set of garments (other than suits and articles of
heading 6207 or 6208) composed of several pieces made up in
identical fabric, put up for retail sale, and comprising:
one garment designed to cover the upper part of the body,
with the exception of waistcoats which may also from a
second upper garment, and
one or two different garments, designed to cover the
lower part of the body and consisting of trousers, bib -5-
and brace overalls, breeches, shorts (other than
swimwear), a skirt or a divided skirt.
All of the components of an ensemble must be of the same
fabric construction, style, color and composition; they also
must be of corresponding or compatible size. The term
"ensemble" does not apply to track suits or ski-suits of
heading 6211.
The Harmonized Commodity Description and Coding System
Explanatory Notes, which represent the official interpretation of
the HTS at the international level, state in regard to suits of
heading 6204, that the notes for heading 6104 apply, mutatis
mutandis, to the articles of heading 6204. The notes for heading
6104, provide in relevant part [i.e., in regard to the jacket
portion of the suit]:
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 the 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). It does not
extend below the mid-thigh area and is not for wear over
another coat, jacket or blazer. A tailored waistcoat may also
be included.
The styles at issue meet the requirement of both suits and
ensembles in that the components must be of the same fabric
construction, style, color and composition; and, be of
corresponding or compatible size. The upper body garments of the
various styles consist of at least four panels (two in the front
and two at the back) sewn together lengthwise, are designed to
cover the upper part of the body, and have full front openings with
closures other than zippers. The upper body garments would appear
to meet the requirements of a suit jacket. However, this is the
issue because apparently the upper body garments were not viewed
to be jackets in the district rulings.
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, provides
guidance regarding characteristics normally associated with shirts
or blouses versus those normally associated with jackets.
Additionally, the Guidelines provide guidance regarding suit-type
coats or jackets. It is important to remember, however, that the
Guidelines are just that, guidelines.
On pages 5 and 6 of the Guidelines, various characteristics
normally associated with jackets or coats are listed. Among the
features listed are: (1) a full or partial lining; (2) pockets at -6-
or below the waist; (3) large jacket/coat style buttons * * *, or
buttons fastened with reinforcing thread for heavy-duty use; and
(4) lapels. The Guidelines indicate that "garments having the
feature of both jackets and shirts will be categorized as coats if
they possess at least three of the above listed features and if the
result is not unreasonable. Many such garments will function as
the upper part of leisure suits and will be placed in the
categories for 'suit-type coats.'"
Customs has followed this approach, considering the various
characteristics listed in the Guidelines, in other cases in which
the issue was whether a garment was a blouse or a suit-type jacket.
See, HRL 086690 of July 23, 1990 and HRL 087921 of November 21,
1990. Customs has also looked to the Guidelines' information
regarding the characteristics of suit-type jackets/coats when
deciding if a garment is a suit-type jacket or blouse. See, HRL
088476 of May 10, 1991. The Guidelines state, in relevant part,
that "suit-type coats must (1) be tailored, (2) have a full-
frontal button or snap opening, (3) have sleeves (of any length),
(4) be designated for wear over a lighterweight garment, and (5)
have three or more panels (excluding sleeves), of which two are at
the front, sewn together lengthwise.
Having examined the garments at issue, the upper body garments
appear to have at least three jacket features listed in the
Guidelines in the discussion of shirt-jackets at pages 5 and 6.
The garments also appear to meet the requirements of "suit-type
coats" listed in the Guidelines on page 4 in the discussion of
"suit-type coats", with the exception of the fourth characteristic,
that is, that the garment be designated for wear over a lighter
outer garment. However, as stated above, the Guidelines are
guidance; they are not hard and fast rules. In HRL 088476 of May
10, 1991, Customs stated in regard to the garment at issue therein:
the garment is of a weight which enables it to be worn both
with or without a blouse underneath; however, it is our view
that it would most often be worn in the manner of a jacket
and even when worn without a blouse, it retains the appearance
of a jacket; * * *.
Classification as a jacket does not require the garment be designed
so that it cannot be worn unless worn with a blouse. It does
require that when worn alone, the garment retain the appearance of
a jacket. The upper body garments at issue may be worn alone
without a blouse; however, it is our view that when worn in that
manner, the garments still retain the appearance of jackets.
-7-
HOLDING:
The garments at issue, styles 7652M, 7524BM, 7518M, 7541BM,
7490M, 7653M, 7529BM, 7648M and 7586BM are classifiable as women's
woven suits of other textile materials, other, other, other in
subheading 6204.19.3090, HTSUSA, textile category 844, dutiable at
6.9 percent ad valorem.
DD 880629 of December 22, 1992, DD 880630 of December 22,
1992, DD 880632 of December 16, 1992, DD 880633 of December 17,
1992, DD 880636 of December 22, 1992, DD 880637 of December 22,
1992, DD 880639 of December 17, 1992, DD 880640 of December 17,
1992 and DD 880631 of December 21, 1992 are hereby modified to
accord with the above classification. This action is taken
pursuant to 19 CFR 177.9(d).
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying
DD 880629, 880630, 880632, 880633, 880636, 880637, 880639, 880640
and 880631, effective with the date of this letter.
This notice to you should be considered a modification of the
above listed district rulings under 19 CFR 177.9(d)(1).
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.
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