CLA-2 CO:R:C:G 087032 CC

Ms. Jane Jackson
Sky High Unlimited, Inc.
1015 E. 14th St.
Los Angeles, CA 90021

RE: Classification of a men's "rap suit"; not classifiable as a suit; classifiable as an ensemble

Dear Ms. Jackson:

This letter is in response to your inquiry of March 28, 1990, requesting tariff classification of a men's "rap suit." A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as style 7000, consists of a woven jacket and a pair of woven pants. The pants and jacket are composed of identical fabric of 85 percent polyester and 15 percent rayon.

The jacket contains a full lining made of 100 percent rayon. The jacket has a notch collar, lapels, long sleeves, an inner breast pocket, an exterior breast patch pocket, and tow patch pockets below the waist. It has a full frontal opening with a three button closure, which begins below the waist. It also has a belt, made of the same material as the jacket, that passes through a tunnel on the rear of the garment. The jacket has two front panels and one rear panel. It has an embroidered logo, the same color as the jacket, on the breast pocket. The jacket hangs very loosely on its wearer.

The trousers are the same color as the jacket. The trousers have two side pockets and two rear pockets, a fly front with a zipper closure, a button closure on the waistband, and pleats. The waistband is encircled by belt loops and is partially elasticized.

ISSUE:

Whether the submitted sample is classifiable as a suit or as an ensemble, or neither?

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'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.

Note 3 to Chapter 62 states that for purposes of headings 6203 and 6204 the following:

(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. If several separate components to cover the lower part of the body are entered together (e.g., trousers and shorts, or a skirt or divided skirt and trousers), the constituent lower part shall be the trousers, or, in the case of women's or girls' suits, the skirt or divided skirt, the other garments being considered separately.

The Explanatory Notes, the official interpretation of the HTSUSA at the international level, state for Heading 6203 that the Explanatory Notes to Heading 6103 are applicable. The Explanatory Notes to Heading 6103, Paragraph (A), state that the term "men's or boys' suit" means a set of garments composed of two or three pieces made up of identical fabric and comprising:

...

- 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). 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 outer shell of the jacket, exclusive of sleeves, contains three panels, two in the front and one in the back. According to the headnotes to Chapter 62 and the Explanatory Notes, the jacket portion must contain at least four panels for merchandise to be classifiable as a suit. Therefore the merchandise at issue is not classifiable as a suit.

Note 3 to Chapter 62 states in reference to ensembles of headings 6203 and 6204:

(b) The term "ensemble" means 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 form a second upper garment, and

- one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib 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 merchandise at issue consists of trousers to cover the lower part of the body and a jacket to cover the upper part of the body. The jacket and trousers are of corresponding size. The question that remains is whether this merchandise meets the requirement of the components being made of the same fabric construction, style, color, and composition, despite the presence of the embroidered logo on the breast pocket of the jacket.

In HRL 084849, dated February 23, 1990, we stated that a jacket and skirt were classifiable as a suit, despite the presence of piping on the jacket that was not present on the skirt. (The classification for a suit has the same requirement for that of an ensemble, in that all components must be of the same fabric construction, style, color, and composition.) The piping of the jacket of HRL 084849 was 1/8 inch wide and was of the same color as the fabric of the jacket and skirt. For the merchandise at issue, the logo is present only on the front breast pocket and is the same color as that of the jacket and trousers. Therefore, based on HRL 084849, the jacket and trousers are classifiable as an ensemble under subheading 6203.23.00, HTSUSA.

At the statistical level the trousers and jacket are separately classifiable. The trousers would be classifiable under subheading 6203.23.0060, HTSUSA, which provides for ensembles of synthetic fibers, other, trousers and breeches.

Subheading 6203.23.0055, HTSUSA, provides for jackets and blazers of Heading 6203. The applicable Explanatory Notes of 6103 which relate to jackets and blazers of Heading 6203 state the following:

(C) The jackets or blazers of this heading have the same characteristics as the suit coats and suit jackets described in paragraph (A) above, except that the outer shell (exclusive of sleeves, and facings or collar, if any) may consist of three or more panels (of which two are at the front) sewn together lengthwise. The heading does not, however, include anoraks, wind- cheaters, ski-jackets and similar garments of heading 6101 or 6102.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, November 23, 1988, give additional guidance for what constitutes a suit-type jacket. They state at page 4 that suit-type jackets 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 lighter outer garment, and (5) have three or more panels (excluding sleeves), of which two are at the front, sewn together lengthwise.

In HRL 086245, dated January 16, 1990, we stated that a cardigan jacket, which was loosely tailored, had a full lining and an interior breast pocket, and gave the appearance of a suit- type jacket, met the requirements for suit-type jackets according to the Textile Guidelines. The jacket at issue is tailored, and has lapels, a lining, and a breast pocket. Although it would not be described as a traditional suit jacket, we believe that it meets the requirements for suit-type jackets, according to the Textile Guidelines and following HRL 086245. In addition, nothing in the Explanatory Notes applicable to Heading 6203 would disqualify the submitted jacket being classified as a suit-type jacket. Therefore, the submitted jacket is classifiable under subheading 6203.23.0055, HTSUSA.

HOLDING:

The jacket and trousers are classifiable as an ensemble in Heading 6203.

The jacket is classified under subheading 6203.23.0055, HTSUSA, which provides for men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), ensembles, of synthetic fibers, other, jackets and blazers described in Heading 6203. The applicable textile category is 633.

The trousers are classified under subheading 6203.23.0060, HTSUSA, which provides for men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), ensembles, of synthetic fibers, other, trousers and breeches. The applicable textile category is 647.

For articles classified as an ensemble in this subheading, the rate of duty is determined by the rate applicable to each garment in the ensemble if separately entered. If separately entered, the jacket would be classified under subheading 6203.33.2010; therefore, the rate of duty for the jacket is 29 percent ad valorem. If separately entered, the trousers would be classified under subheading 6203.43.4010; therefore, the rate of duty for the trousers is 29.7 percent ad valorem.

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