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HQ 956729




September 19, 1994

CLA-2 CO:R:C:T 956729 SK

CATEGORY: CLASSIFICATION

TARIFF NO.'s: 6204.13.2010; 6211.43.0076

Gayle Williams
Sears Merchandise Group
3333 Beverly Road
Hoffman Estates, Illinois 60179

RE: Classification of women's vest, jacket and pants; suit v. separates; Note 3 to Chapter 62; suit components must all be of the same fabric construction, style, color and composition; presence of trim on only one primary component of a three piece article excludes the adorned garment from classification as a suit, but remaining components classifiable as a suit if they meet prerequisites of Note 3 to Chapter 62; HRL 954140 (1/6/94); HRL 089422 (9/17/91).

Dear Ms. Williams:

This is in response to your letter of May 26, 1994, in which you request a binding classification ruling for a women's woven 3-piece garment. A sample was submitted to this office for examination and will be returned to you under separate cover.

FACTS:

The merchandise at issue is referenced style numbers 70126 (ivory) and 70127 (red). This office is in receipt of style 70126. The garment is manufactured of a 65 percent polyester and 35 percent rayon woven fabric and is comprised of a jacket, pants and upper body garment. The collarless jacket is constructed from eight panels and features a V-neck, long sleeves without cuffs, a full front opening secured with eight fabric covered buttons (right over left closure), two front pockets, and a straight hemmed bottom. The pants have a waistband with an elasticized back, a side-button closure, two side pockets, wide legs and a hemmed bottom. The sleeveless upper body garment is constructed from eight panels and features a full front opening secured by four fabric covered buttons, a V-neck, flat braid herringbone trim (soutache) on both front panels and a straight hemmed bottom. All three garments are fully lined with a 100 percent nylon woven fabric. The garments are part of a 3-piece suit that will be imported and sold together.

ISSUES:

Does the presence of trim on the upper body garment preclude the garment from classification as a suit?

Is the upper body garment separately classifiable as a vest or a blouse?

Does the exclusion of the vest from classification as a suit render the remaining two constituent garments similarly precluded from classification under heading 6204, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's.

Our initial inquiry is whether the sleeveless upper body garment is classifiable as part of a suit, or as a separate garment. Note 3 to Chapter 62, Section XI, HTSUSA, provides:

"[F]or purposes of headings 6203 and 6204:

(a) The term "suit" means a set of garments composed of two or three pieces made up in identical fabric and comprising:

- one garment designed to cover the lower part of the body and consisting of trousers, breeches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces nor bibs, and

- one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in addition.

All of the components of a suit must be of the same fabric construction, style, color and composition; they must also be of corresponding or compatible size."

The vest, jacket and pants are made of identical fabric and are of the same color and composition. The vest, however, differs stylistically from the other two articles in that it
features flat braid herringbone trim (soutache) on its front panels. This office has consistently held that the failure of one suit component to match the other in terms of style, color and fabric construction and composition, will preclude both garments from classification as a suit. See Headquarter Ruling Letters (HRL's) 954140, dated January 6, 1994, and 089422, dated September 17, 1991. Although these rulings dealt with whether the presence of trim or color on a jacket, which was not duplicated on the jackets' corresponding skirt or trousers, precluded classification as a suit, it is this office's opinion that the present situation is analogous. Vests are frequently featured suit components and the language of Note 3, set forth supra, specifically includes a "tailored waistcoat" as a possible addition to a suit. It follows, therefore, that the presence of trim on a vest, where it is not present on the other suit components, will preclude the vest from classification as a suit.

As it has been determined that the upper body garment is to be classified separately, the next issue is whether the garment is deemed a vest or a blouse for classification purposes. Although there is no specific definition of "vest" in either the Explanatory Notes to the tariff schedule or the Textile Category Guidelines (CIE 13/88), Customs has consistently classified only those garments which are designed to be worn over other outerwear garments as vests. This interpretation is supported by The Essential Terms of Fashion: A Collection of Definitions, by C.M. Calasibetta, (1986), which defines a vest as "an item of wearing apparel extending to the waist or longer, similar to a sleeveless jacket, usually worn over a blouse or shirt and sometimes under a suit jacket." We note that shirts are described in the Textile Category Guidelines, at page 15, as garments which are "worn over underwear or the skin... ."

In the instant case, an examination of how the upper body garment is constructed is revealing. The garment is designed with a V-neck and slightly oversized armholes which measure approximately 9 3/4 inches in the half curve measurement. This opening is slightly larger than that usually found on women's blouses. Although the garment offers sufficient coverage so that it could be modestly worn alone, as is currently the fashion trend with similarly-styled garments, it is Customs' opinion that this particular garment is designed as a vest because another outerwear garment can comfortably be worn underneath it and because blouses usually do not incorporate linings constructed in this manner. Accordingly, classification is proper under subheading 6211.43.0076, HTSUSA, which provides for, inter alia, other women's vests of man-made fibers.

Our final inquiry is whether the vest's preclusion from classification as a suit affects the other two garments' classification as suit components. When classifying 2-piece suits in the past, this office determined that where one constituent garment (e.g., a jacket) does not meet the requirements of Note 3 to Chapter 62, both garments are classified separately. However in situations where 3-piece suits are at issue, and one constituent piece is deemed separately classifiable, the remaining two constituent garments may still be classifiable under the suit provision of heading 6204, HTSUSA, so long as the prerequisites set forth in Note 3 to Chapter 62 have been satisfied. Although the vest in the instant case is classifiable separately by virtue of the fact that it differs stylistically from the other two components, the remaining two components satisfy the suit prerequisites set forth in Note 3 to Chapter 62. Absent the vest, style 70126 is a 2-piece suit and classification is based accordingly within heading 6204, HTSUSA. HOLDING:

Styles 70126 and 70127 (to the extent that style 70127 is identical to 70126 except for color) are classified accordingly:

The vest component of styles 70126 and 70127 is classifiable under subheading 6211.43.0076, HTSUSA which provides for, inter alia, other women's vests of man-made fibers, dutiable at a rate of 17 percent ad valorem. The applicable textile quota category is 659.

The jacket and trouser components of style 70126 and 70127 are classifiable under subheading 6204.13.2010, HTSUSA, which provides for, inter alia, other women's suits of synthetic fibers, dutiable at a rate of 37.5 cents per kilogram plus 27.5 percent ad valorem. The applicable textile quota category is 644.

The designated textile and apparel categories 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 the local Customs office.

Due to the nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint

(quota/visa) categories, you should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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