United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0088455 - HQ 0088547 > HQ 0088526

Previous Ruling Next Ruling

HQ 088526

MARCH 19, 1991

CLA-2 CO:R:C:T 088526 PR


TARIFF NO.: 6204.62.2010

Mr. Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036

RE: Classification of Maternity Bib and Brace Overalls

Dear Mr. Lai:

This is in reply to your letter of January 24, 1991, on behalf of Motherhood Maternity Shops Inc., concerning the classification certain women's garments that were imported at the port of Los Angeles.


The three submitted samples are women's cotton maternity overalls. One is made primarily of denim fabric; a second is made from a woven twill fabric with blue and white yarns used to create a soft stripe effect; and the third is made from a lightweight corduroy fabric. All three garments have front bibs, over-the- shoulder straps, and long legs. The denim garment has a seam which defines the waist area and a rear bib that extends upward to a 3- inch wide rounded point; the twill garment has a front seam and an elasticized back, both of which combine to define the waist, and two triangular-shaped rear bibs; and the corduroy garment has two ties on each side, but no other waist definition, and front and rear bibs that do not extend to the sides.


The issue presented is whether the instant garments are classifiable under the provision for women's bib and brace overalls, of cotton, in subheading 6204.62.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The Harmonized Commodity Description and Coding System, Explanatory Notes, which are the official interpretation of the HTSUSA at the international level (for the 4 digit headings and the 6 digit subheadings) state, at page 833, that the term "bib and brace overalls" means garments of the type illustrated, on page 834, and similar garments which do not cover the knee. The five illustrations of garments vary only slightly from each other. None of the samples exactly matches the illustrations.

It has been suggested that because of the sameness of the illustrations in the Explanatory Notes, Customs should rigidly adhere to those illustrations in determining whether garments are classifiable as "bib and brace overalls".

In HRL 088677, dated March 15,1991, Customs stated:

The submitted sample is, in our view, clearly commonly and commercially identifiable as overalls. While it does not exactly fit the illustrations in the Explanatory Notes, as indicated above, we do not interpret the Explanatory Notes as being so rigid that any deviation from the pictured garments will prevent classification as overalls. We believe that if a trousers-like garment has a full front bib, over the shoulder straps, and is commonly and commercially known as overalls, that garment is classifiable under the subheadings for bib and brace overalls.


The submitted samples are, in our view, commonly and commercially identifiable as overalls. Accordingly, they are classifiable under the provision for women's cotton bib and brace overalls, in subheading 6204.62.2010, HTSUSA, with duty at the rate of 9.5 percent ad valorem. The designated textile and apparel category applicable to this merchandise is 359.

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.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.


John Durant, Director

Previous Ruling Next Ruling

See also: