CLA-2 CO:R:C:T 950608 SK
Susan Sprung
D. Hauser, Inc.
182-23 150th Avenue
Springfield Gardens
New York, N.Y. 11413
RE: Modification of New York Pre-entry Classification Ruling
865277 (7/31/91); classification of a women's romper; 6114,
HTSUSA; man-made fibers; knit; Textile Category Guidelines,
CIE 13/88; romper must provide sufficient coverage for adult to
wear without additional outer garments
Dear Ms. Sprung:
On July 31, 1991, our New York office issued your client,
Joyce Leslie, Inc., New York Pre-entry Classification Ruling
(PC) 865277, classifying style number 2137 as a women's unitard.
Upon further review, that classification is deemed to be in
error.
FACTS:
The submitted sample, style number 2137, is a one-piece knit
garment comprised of 52% polyester, 28% cotton, 11% metallic
fibers, and 9% nylon. It covers the body in a form-fitting
manner from mid-neck to the upper thigh area where it forms
shorts. The garment has a turtleneck, long sleeves and leg
extensions measuring approximately 3 inches along the inner thigh
seam. A zipper, measuring approximately 17 inches, extends down
the back of the garment from neck to mid-back. The garment will
be imported from Macau.
ISSUE:
Whether the garment at issue is classifiable as a romper
under heading 6114 of the Harmonized Tariff Schedule of the
United States Annotated?
- 2 -
LAW AND ANALYSIS:
Classification under the HTSUSA is made in accordance with
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. Where goods
cannot be classified solely on the basis of GRI 1, and if the
headings and legal notes do not otherwise require, the remaining
GRI's may be applied in order of their appearance.
Heading 6114, HTSUSA, provides for other knit garments which
are not provided for more specifically elsewhere in the
Nomenclature. Initially, it would appear that the article at
issue is potentially classifiable as a "body suit" within this
heading, or as a romper within the "other" statistical breakout.
The Textile Category Guidelines, CIE 13/88, define a body
suit as a garment "constructed of finely knit fabric which
usually includes lycra or spandex yarns. They cover the wearer's
torso ... [and] are designed to be form-fitting and they may be
intended for use during exercise, dance or similar athletic
activity. Body suits are one-piece garments. Unitards are body
suits with arm and leg coverings and are included as body suits."
It is apparent that the subject merchandise is not intended to be
worn during exercise or athletic activity in the same sense as
bodysuits and unitards are. This outfit may be worn for dancing,
but it is not intended as exercise wear. Moreover, unitards are
not intended to be worn alone as outerwear. The submitted
sample, however, is designed in such a manner. This is indicated
by the extent of coverage this garment offers, the fabric used
(i.e., opaque fabric of metallic fibers) and by the fact that the
garment has leg coverings which form a pair of shorts. Because
the article at issue is not intended for exercise and is intended
to be worn alone as outerwear, it is precluded from
classification as a unitard.
A romper is defined in the Guidelines, as "an abbreviated
garment joined between the legs and meant to be worn without
other attire (outerwear)." The submitted sample meets this
definition and provides sufficient coverage so that it may be
worn alone as outerwear without accompanying shirt, blouse, skirt
or pants. As mentioned supra, the article at issue is designed
to be worn as a one-piece shorts outfit; additional garb is not
required and classification as a romper is appropriate.
HOLDING:
The submitted sample is classifiable under subheading
6114.30.3030, HTSUSA, which provides for other garments, knitted
or crocheted: of man-made fibers: other ... women's or girls',
dutiable at a rate of 16.1 percent ad valorem. The textile
- 3 -
category is 237. 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 865277 is modified to reflect the above
classification effective with the date of this letter. If, after
your review, you disagree with the legal basis for our decision,
we invite you to submit any arguments you may have with respect
to this matter. Any submission you wish to make should be
received within 30 days of the date of this letter.
This modification is not retroactive. However, PC 865277
will not be valid for importations of the subject merchandise
arriving in the United States after the date of this notice. We
recognize that pending transactions may be adversely affected
(i.e., merchandise previously ordered and arriving in the United
States subsequent to this modification will be classified
accordingly). If it can be shown that you relied on PC 865277 to
your detriment, you may apply to this office for relief.
However, you should be aware that in some instances involving
import restraints, such relief may require separate approvals
from other agencies.
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 issuance
of the U.S Customs Service, which is updated weekly and is
available 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, your client should contact its
local Customs office prior to importing the merchandise to
determine the current applicability of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division