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HQ 088887

July 2, 1991

CLA-2 CO:R:C:T 088887 CMR


TARIFF NO.: 6204.62.2010

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

RE: Classification of a women's cotton woven short overall; Your Case No: HK39/91(b)

Dear Mr. Lai:

This ruling is in response to your letter of March 7, 1991, on behalf of Judy's Merchandising Corp., regarding the classification of a certain women's cotton woven short overall. The goods were entered at the port of Los Angeles. A sample was received by this office and will be returned as requested, under a separate cover.


The garment at issue, style #4004, is a women's 100 percent cotton woven denim short overall. It features a square front bib with a large pocket secured by two snaps which in turn has two smaller pockets on it. The garment has a defined waist in the front and two belt loops on the back and two on the front in the waist area. The back bib narrows to form straps that connect to the front bib by means of metal hooks. The garment also features two slant pockets on the front, two back patch pockets, and an additional pocket on the left leg beneath the left patch pocket; side openings secured by three metal buttons; and, a hammer loop is placed in the rear between the back left pocket and back seam. The garment extends to slightly above the knee.


Is the garment at issue, style #4004, classifiable as a women's bib and brace overall of heading 6204, HTSUSA?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Heading 6204, HTSUSA, provides for, among other things, women's and girls' bib and brace overalls. The Explanatory Notes, which are the official interpretation of the HTSUSA at the international level 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.

In HRL 088677 of March 15, 1991, Customs addressed the significance of the illustrations in the Explanatory Notes and the meaning of the term "bib and brace overalls" for tariff purposes. In that ruling, Customs determined that "absent a clear and reasonable description in the Explanatory Notes, which we do not find in this instance, Customs will apply the common and commercial meaning to [the term bib and brace overalls]." Therefore, 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 appropriate subheadings for bib and brace overalls.


The garment at issue, style #4004, is, in our view, clearly, commonly and commercially identifiable as an overall. Therefore, it is classifiable as a women's cotton bib and brace overall in subheading 6204.62.2010, HTSUSA, textile category 359, dutiable at 9.5 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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 importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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