United States International Trade Commision Rulings And Harmonized Tariff Schedule
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HQ 087424


October 18, 1990

CLA-2 CO:R:C:G 087424 KWM

CATEGORY: CLASSIFICATION

TARIFF: 6211.43.0090

Mr. Kishin Datwani
Nonfiction
143 West 29th Street
2nd Floor
New York, New York 10001

RE: Women's sleeveless garment; Style 562-888 R; Rompers; Overalls; Coveralls; Jumpsuit; Other women's garment

Dear Mr. Datwani:

This will acknowledge receipt of your request, dated June 18, 1990, for classification of women's sleeveless garments, your style number 562-888 R.

FACTS:

Your correspondence of June 18th describes the garment at issue as a "romper." The article is a sleeveless garment, manufactured in India of 100 percent rayon. The garment covers the body from the nape of the neck in back to slightly below the knee. It consists of an upper and lower portion divided by a horizontal seam around the waist. The front has a partial opening secured by three buttons above the waistline and a zippered fly below. The lower portion encloses the legs in two tubes. The upper portion has a shallow U-shaped top edge in back, deep armholes and a deep U-shaped top edge in front extending to approximately four inches above the waistline. The garment is designed for wear with a shirt or blouse.

ISSUE:

How is the garment classified under the Harmonized Tariff Schedule of the United States Annotated?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relevant Section or Chapter Notes.

We have reviewed the headings for classification of "rompers" as well as those for bib overalls, and have determined that the garment at issue is not classified under those provisions. Rompers, for Customs purposes, must provide sufficient coverage for an adult to wear without additional outer garments (such as a shirt or blouse). These garments do not. In addition, the garment is not similar to the overalls described and illustrated in the Explanatory Notes to the HTSUSA. They lack a bib with sufficient rise to qualify as an overall in addition to lacking the requisite coverage of a coverall or jumpsuit. The Explanatory Notes, while not legally binding, are highly instructive to Customs.

Because the goods do not fall under a prior heading, we find that the sample item, a sleeveless garment for women designed to be worn over a shirt or blouse, is classified as an "other" garment of man-made fibers, for women or girls, of subheading 6211.43.0090, HTSUSA.

HOLDING:

The item at issue, a sleeveless women's garment, made in India of woven rayon, is classified in subheading 6211.43.0090, HTSUSA, as an other garment for women or girls, of man-made fibers. The garment is dutiable at the rate of 17 percent ad valorem. The applicable textile category is 659.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota category 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 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, you should contact your local Customs office prior to the importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John A. Durant
Director
Commercial Rulings Division

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