HQ 0088602 - Classification of a One Piece Garment, With Leg Separations, Which Extends From the Neck to Midthigh; Modification of PCRL 858470 - United States International Trade Commision Rulings

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HQ 088602

May 22, 1991

CLA-2 CO:R:C:T 088602 PR

CATEGORY: CLASSIFICATION

Mr. Yosseph Shachnovitz
Tahari Limited
501 Broad Avenue
Ridgefield, NJ 07657

RE: Classification of a One Piece Garment, With Leg Separations, Which Extends From the Neck to Midthigh; Modification of PCRL 858470

Dear Mr. Shachnovitz:

In a Preentry Classification Ruling 858470, dated December 11, 1990, you were informed that a certain garment, style 123321, called "TROMPE L'OEIL JUMPSHORT", was classifiable under the provision for other women's or girls' suit-type jackets, in subheading 6204.39.4060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), with an applicable textile and apparel category of 835. We have reviewed that determination and found it to be in error. Reexamination of the sample by our National Import Specialist (NIS) responsible for this area reveals that, although resembling a suit-type jacket, it is a one piece garment which extends to the midthigh area and which has leg separation. It is pictured below.

Although, we have not seen a sample of style 123321, we are advised by the NIS that the garment provides sufficient coverage for wear without other outer garments.

Without a sample, it is difficult for this office to determine the proper classification of style 123321. However, since the garment has a shorts-type extension, it is clearly not classifiable as a suit-type jacket.

In view of the above, pursuant to 177.9(d), Customs Regulations, Preclassification Ruling Letter 858470, dated December 11, 1990, is hereby modified by revoking that portion of the ruling which relates to style 123321. If you desire a ruling on the tariff status of that garment, a sample should be submitted with your request.

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 notice is a modification of PCRL 858470 and is not retroactive. However, PCRL 858470 will not be valid for importations of style 123321 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 PCRL 858470 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 government agencies.

Sincerely,

John Durant, Director

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