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HQ 950209

March 12, 1992

CLA-2 CO:R:C:T 950209 CMR


TARIFF NO.: 6104.63.2010, 6114.30.2010

Alan Klestadt, Esq.
Richard Wortman, Esq.
Grunfeld, Desiderio, Lebowitz & silverman 12 East 49th Street
New York, New York 10017

RE: Classification of leggings; tights v. pants; 6115, HTSUSA, v. 6104, HTSUSA; Classification of a bodysuit; 6114, HTSUSA

Dear MM. Klestadt & Wortman:

This ruling is in response to a request by your client, Gilda Marx Industries, for a classification ruling on three garments from their Red Wine and Roses Holiday 1991 group. The request is dated July 9, 1991, however, it was not received by Customs until August 5, 1991. We are sending the ruling to you rather than directly to Ms. Strick of Gilda Marx since you informed Customs you were representing Gilda Marx on this issue in this case and in another ruling request, HRL 089405.


Three samples, styles 286, 287 and 288, were submitted for classification.

Style 286 and 287 are garments designed to cover the lower torso and legs. They are essentially identical garments except that style 286 has stirrup leg bottoms while style 287 has simple straight hemmed leg bottoms. Both garments are made of 92 percent polyester/8 percent spandex brushed knit fabric. The garments have self-fabric covered elasticized waistbands and lined diamond-shaped gussets in the crotch. The garments have seams along the inside of the legs and seams in the center of the front and back torso portion of the garments.

Style 288 is described as a bodysuit. It is made of the same fabric as styles 286 and 287. The garment is designed to cover the entire torso and legs to the ankles. It is sleeveless with shoulder straps that measure about 1 1/2 inches at the
shoulder. The bust area is clearly defined by stitching and features an additional layer of knit fabric.

The garments will be imported from Taiwan through the port of Los Angeles.


Are styles 286 and 287 classifiable as tights of heading 6115, HTSUSA, or as pants of heading 6104, HTSUSA?

Is style 288 classifiable as a bodysuit or as a one-piece playsuit or similar article?


In regard to styles 286 and 287, we believe HRL 089405 issued to you on behalf of Gilda Marx contains Customs reasoning for classifying these garments as pants of heading 6104, HTSUSA. Therefore, we will not restate the analysis here. These garments are similar to garments previously ruled upon by Customs in HRL 088454 of October 11, 1991, HRL 089852 of February 19, 1992, and HRL 089405. In all cases, Customs determined the garments were properly classifiable as pants of heading 6104, HTSUSA, and not as tights of heading 6115, HTSUSA, or as other garments of heading 6114, HTSUSA.

As to style 288 and classification as a bodysuit, Customs must refer to lexicographic sources regarding the definition of bodysuit as it is not defined in the HTSUSA. Webster's II New Riverside University Dictionary defines bodysuit as: "A tight- fitting one-piece garment for the torso." Interestingly, body stocking is defined therein as: "A tight-fitting usu. one-piece garment covering the torso and occas. having sleeves and legs."

The Textile Category Guidelines, CIE 13/88, which were developed to unsure uniformity, facilitate statistical classification and assist in the determination of the appropriate textile categories, offer some guidance in determining the commercial designation of certain articles. In regard to body suits, the guidelines state:

Body suits are constructed of finely knit fabric which usually includes lycra or spandex yarns. They cover the wearer's torso and may have elastic around the neck, arm and leg openings. They 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. Body suits are frequently called leotards in the trade.

Customs considers body suit and body stocking to be nearly synonymous terms. Style 288 clearly meets the definition of body stocking. Additionally, it appears to fit the description of body suits presented in the Textile Category Guidelines.


Styles 286 and 287 are classifiable as women's knit trousers of synthetic fibers in subheading 6104.63.2010, HTSUSA, textile category 648, dutiable at 30 percent ad valorem. Style 288 is classifiable as a knit body suit of man-made fibers of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread in subheading 6114.30.2010, HTSUSA, textile category 659, dutiable at 34.3 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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