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NY 813442

August 31, 1995

CLA-2-62:S:N:N5:360 813442


TARIFF NO.: 6204.13.2010

Mr. John A. Terc
May Merchandising Company
May Department Stores International Inc.
615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of a woman's suit and scarf from Korea

Dear Mr. Terc:

In your letter dated August 3, 1995, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 2172 consists of a suit constructed from 100 percent polyester woven fabric and a scarf constructed from 100 percent polyester woven printed fabric. While the suit and the scarf are constructed of 100 percent polyester, the fabric of the suit is constructed from a complex weave which gives the garments a textured appearance while the fabric of the scarf is sheer and is a plain weave. The suit and the scarf submitted are not of identical coloring or matching in any other sense, however, they are complementary.

The jacket is fully lined and features long sleeves, a v-neckline, shoulder pads, two welt pockets and a full front opening secured by five buttons. The fully lined skirt features a rear elasticized waist with a button and zipper closure and two side seam pockets. The skirt also has an eight inch back vent. The scarf is rectangular in shape and measures approximately 36 inches by 33 inches. Upon importation the scarf will be swift-tacked to the jacket neck.

You question whether separate quota/visa requirements exist for the scarf. In order to make such a decision, we must determine if the suit and scarf combination is a composite good or goods put up in sets for retail sale.

The suit and scarf are separable components. Therefore, to be considered composite goods, they must be (1) adapted one to the other, (2) be mutually complementary, and (3) form a whole which would not normally be offered for sale in separate parts. The suit and scarf are designed to be worn together and are mutually complementary, however, this is generally also true for garments and accessories which are sets. The scarf and suit are not specially adapted one to the other and items such as these are normally offered for sale in separate parts. The scarf such as the one submitted with the suit is truly a scarf with a separate commercial identity and is easily susceptible to wear with other garments. Therefore, the suit and scarf more properly fall within the definition of sets, i.e., at least two articles classifiable in different headings (6206 - suit and 6214 - scarf), put up together to meet a particular need (to clothe; adornment), and imported in a condition for sale directly to the consumer.

As a set, style 2172 is classifiable by that componnent which gives the set its essential character. As the scarf is an accessory to the suit, it is the suit which determines the essential character of the set.

The applicable subheading for the style 2172 consisting of the suit and scarf will be 6204.13.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): of synthetic fibers: other: women's. The duty rate will be 37.3 cents/kg + 27.3 percent ad valorem. For entry purposes, the scarf is classifiable under subheading 6214.30.0000, HTS, which provides for shawls, scarves, mufflers, mantillas, veils and the like: of synthetic fibers.

As a set, the suit falls within textile category designation 644 and the scarf falls within textile category 659. Based upon international textile trade agreements products of Korea are subject to a visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, 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 that 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 available for inspection at your local Customs office.

You have also inquired as to the labelling requirements for the scarf and suit that are made in the same country and that are imported and sold together. The marking statute, section 304 of the Tariff Act of 1930, as amended (19U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

In T.D. 91-7, January 16, 1991, Customs indicated that for purposes of 19 U.S.C. 1304, the relevant inquiry regarding the marking of the material or components in a collection, such as a suit and a scarf, is whether such items have been substantially transformed as result of their inclusion in the set, mixture, or composite good. However, it was also indicated in T.D. 91-7 that in certain circumstances the marking of every item in a collection of goods may not be consistent with the purpose of the marking statute, or may be impractical and/or undesirable. This may be because one or more items in the collection are relatively insignificant and would have no influence on the purchasing decision, because the items in the collection are too numerous making it impractical to specify the country of origin of each item, or for various other reasons. Therefore, Customs will continue to employ a "common sense" approach to determine the marking requirements applicable to articles which comprise a collection of goods.

In several previous decisions, where all items of a "set" were made in the same country, Customs has indicated that it was not necessary to separately mark each item in the set if marking one item will clearly indicate the country of origin of all the items in the set to the ultimate purchaser. In this case, the suit and the scarf are made in the same country. Because the suit and the scarf are sold together as a unit, if the suit is properly marked to indicate their country of origin, the ultimate purchaser would reasonably conclude that the scarf was made in the same country. In other words, where the suit and the scarf are made in the same country, marking the suit with the country of origin will reasonably indicate to the ultimate purchaser the country of origin of the scarf as well. If the suit and scarf are not made in the same country, then separate marking of scarf is required.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70K) and the rules promulgated thereunder by the Federal Trade Commission. We suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580, for information on the applicability of these requirements to your products.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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