HQ 087424: Women's sleeveless garment; Style 562-888 R; Rompers; Overalls; Coveralls; Jumpsuit; Other women's garment

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087424

                        October 18, 1990

CLA-2 CO:R:C:G 087424 KWM

CATEGORY: Classification

TARIFF: 6211.43.0090

Mr. Kishin Datwani
Nonfiction
143 West 29th Street
2nd Floor
New York, New York  10001

RE:  Women's sleeveless garment; Style 562-888 R; Rompers;
     Overalls; Coveralls; Jumpsuit; Other women's garment

Dear Mr. Datwani:

     This will acknowledge receipt of your request, dated June
18, 1990, for classification of women's sleeveless garments, your
style number 562-888 R.

FACTS:

     Your correspondence of June 18th describes the garment at
issue as a "romper."  The article is a sleeveless garment,
manufactured in India of 100 percent rayon.  The garment covers
the body from the nape of the neck in back to slightly below the
knee.  It consists of an upper and lower portion divided by a
horizontal seam around the waist.  The front has a partial
opening secured by three buttons above the waistline and a
zippered fly below.  The lower portion encloses the legs in two
tubes.  The upper portion has a shallow U-shaped top edge in
back, deep armholes and a deep U-shaped top edge in front
extending to approximately four inches above the waistline.  The
garment is designed for wear with a shirt or blouse.

ISSUE:

     How is the garment classified under the Harmonized Tariff
Schedule of the United States Annotated?

LAW AND ANALYSIS:

     Classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) is made in accordance with the
General Rules of Interpretation (GRI's).  The systematic detail
of the harmonized system is such that virtually all goods are
classified by application of GRI 1, that is, according to the
terms of the headings of the tariff schedule and any relevant
Section or Chapter Notes.

     We have reviewed the headings for classification of
"rompers" as well as those for bib overalls, and have determined
that the garment at issue is not classified under those
provisions.  Rompers, for Customs purposes, must provide
sufficient coverage for an adult to wear without additional outer
garments (such as a shirt or blouse).  These garments do not.  In
addition, the garment is not similar to the overalls described
and illustrated in the Explanatory Notes to the HTSUSA.  They
lack a bib with sufficient rise to qualify as an overall in
addition to lacking the requisite coverage of a coverall or
jumpsuit.  The Explanatory Notes, while not legally binding, are
highly instructive to Customs.

     Because the goods do not fall under a prior heading, we find
that the sample item, a sleeveless garment for women designed to
be worn over a shirt or blouse, is classified as an "other"
garment of man-made fibers, for women or girls, of subheading
6211.43.0090, HTSUSA.

HOLDING:

     The item at issue, a sleeveless women's garment, made in
India of woven rayon, is classified in subheading 6211.43.0090,
HTSUSA, as an other garment for women or girls, of man-made
fibers.  The garment is dutiable at the rate of 17 percent ad
valorem.  The applicable textile category is 659.

     The designated textile and apparel category may be
subdivided into parts.  If so, the visa and quota category
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 issuance
of the U.S. Customs Service, which is updated weekly and is
available 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 the importation of this merchandise to
determine the current status of any import restraints or
requirements.


                                   Sincerely,


                                   John A. Durant
                                   Director
                                   Commercial Rulings Division