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HQ 951186

June 18, 1992

CLA-2 CO:R:C:T 951186 CMR


TARIFF NO: 6104.63.2025

Ms. Thelma O. Miguel
SilverTrend Industries (Philippines) Corp. Suite 403, Alexander House
132 Amorsolo Street
Legaspi Village
Makati, Metro Manila, Philippines

RE: Classification of dance wear; garment for the lower torso with shoulder straps and stirrups; 6104, HTSUSA v. 6115, HTSUSA; tights v. trousers

Dear Ms. Miguel:

This ruling is in response to your request of February 11, 1992, regarding a garment which was seen by Ms. Reese of this office at the August 1992 GTEB sponsored seminar. From you letter, it appears your concern is only with the classification of the trouser portion shown in the enclosed picture. therefore, this ruling will only address that issue. If the garment consists of the trouser portion and the shirt permanently attached at one shoulder as described in Manila, we suggest you submit a sample for a ruling on importation of the garment in that condition.


The garment at issue is described by you as tights with stirrup. It is principally used in the United States as dance wear for children. The garment is made of 95 percent polyester/5 percent spandex knit crushed velour. It is designed to cover the lower torso and legs and features shoulder straps which rise from the waist area and elastic stirrups.


Is the garment at issue classifiable as tights of heading 6115, HTSUSA, or as pants of heading 6104, HTSUSA?


Customs has addressed the classification of garments much like the garment at issue and commercially known as leggings. In the decisions issued by Customs, garments known as leggings have been classified as pants of heading 6104, HTSUSA. In HRL 088454 of October 11, 1991, the classification of garments known as leggings and the distinction between trousers and tights were discussed in great length. Various definitions of tights and trousers were examined. From the various definitions and applying the doctrine of "noscitur a sociis", Customs concluded that tights are a form of hosiery. Customs also studied the opinion of the Customs Court in Children's Hose Inc. v. United States, 55 Cust. Ct. 6, C.D. 2547 (1965), in which the court examined the meaning of the term tights. From the language of the court, Customs concluded that tights are garments which are partially underwear and partially outerwear; they are intended to be partially concealed and partially exposed.

In HRL 089852 of February 19, 1992, Customs ruled on garments which were designed and marketed for use during exercise activities. In that ruling, Customs further examined the meaning of tights classifiable in heading 6115, HTSUSA, and expressed therein the opinion that the scope of heading 6115, HTSUSA, is limited by its terms to hosiery articles. In order to be classifiable as tights of heading 6115, the garment must be a hosiery article. In HRL 089852, it was determined that the articles under consideration were not hosiery.

We believe that the discussion in HRL 089852 as to why the garments at issue therein were classifiable as pants of heading 6104, HTSUSA, is applicable to the garment for which you have inquired. A copy of that ruling is enclosed for your reference.


The garment you have inquired about is classified as girls' trousers in subheading 6104.63.2025, HTSUSA, textile category 648, dutiable at 30 percent ad valorem.

As stated earlier, if the garment at issue consists of the shirt and bottoms, permanently attached, we recommend you submit a sample for a classification ruling. At this time, we believe that most likely the shirt and bottoms would be separately classified, thus requiring separate visas. However, without a sample to review, we will not issue a binding decision on the garment in that condition.

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

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