HQ 086357

May 22, 1990

CLA-2 CO:R:C:G 086357 CMR

CATEGORY: Classification

TARIFF NO.: 6211.43.0090, 6110.30.3020, 6214.30.0000

Mark E. Wojcik, Esq.

Grunfeld, Desiderio, Lebowitz & Silverman

12 East 49th Street

New York, New York 10017

RE: Classification of a women\'s shift, sweater and scarf outfit

Dear Mr. Wojcik:

This ruling letter is in response to your submission of

January 22, 1990, on behalf of L.R. Trading Company, regarding

the classification of a women\'s shift, sweater and scarf outfit,

style number 2004.

FACTS:

The apparel at issue consists of a women\'s shift which must

be worn with an overgarment, the overgarment and a matching

scarf. In this case, the overgarment is a sweater.

The shift is a sleeveless garment with a scooped V-neckline

in front, oversized armholes and two-inch wide shoulder straps.

The garment extends from the wearer\'s neck and shoulders to her

knees. The garment consists of two sections made of different

fabric constructions. The top section extends to below the waist

and is a 100 percent nylon, tricot knit. This section serves as

a lining or undergarment. The sheerness of the fabric and the

design indicate that this section of the garment is not intended

to be seen when worn, but intended to be worn under another

garment. The bottom section of the garment is a 100 percent

polyester, pleated woven, printed faille fabric. This section

forms a skirt which is visible when the garment is worn with the

accompanying sweater.

The sweater is a 65 percent acrylic, 23 percent polyester

and 12 percent nylon knit garment with eight stitches per two

centimeters. It is a full front opening, cardigan-style garment

with a V-neck, a five-button front closure, long sleeves, two

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pockets below the waist and shoulder pads. The sleeves and

bottom are hemmed. The garment extends from the neck and

shoulders to the top of the wearer\'s thighs. When worn in

conjunction with the shift, the garment conceals the sheer tricot

knit fabric of the shift.

The scarf is made of the identical fabric as the skirt

portion of the shift and is rectangular in shape measuring

approximately 10 inches by 64 inches.

The shift, sweater and scarf are color coordinated and are

imported and sold together. The country of origin is Hong Kong.

ISSUE:

Are the shift and sweater classifiable as composite goods

under the provision for women\'s dresses? If not, is the scarf

classifiable with the sweater or shift?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the

General Rules of Interpretation (GRIs). GRI 1 provides that

\"classification shall be determined according to the terms of the

headings and any relative section or chapter notes, provided such

headings or notes do not otherwise require, according to \[the

remaining GRIs taken in order\].\"

Note 13, Section XI, requires that \"\[u\]nless the context

otherwise requires, textile garments of different headings are to

be classified in their own headings even if put up in sets for

retail sale.\" In your submission, you suggest that the legal

note does not apply to articles found to constitute a composite

item. Following the language of GRI 1, Note 13 takes precedence

over the GRIs, therefore the suggestion in your submission is

incorrect.

HRL 082469 of November 30, 1989, classified a two-piece

dress similar to the articles at issue. In that ruling, Customs

ruled the blouse and full-length garment were separately

classified based on Customs position that a dress is a one-piece

garment and that pursuant to Note 13, garments of different

headings are classified separately. See Textile Category

Guidelines, C.I.E. 13/88. We see no reason to change our

position set out in HRL 082469 and believe that the shift and

sweater in this case are likewise classified separately.

The shift consists of two different fabrics and therefore it

is necessary to determine by which fabric it will be classified.

GRI 3(b) provides that goods of different materials are to be

classified as if they consisted of the material which imparts

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their essential character. The top portion of the shift, the

nylon tricot knit fabric, acts as a lining and is not visible

when the garment is worn. The bottom portion, the woven faille

print skirt, is visible when the garment is worn and imparts a

significant visual effect in its print, pleats and faille fabric.

We believe that the bottom portion of the shift, the woven faille

print skirt, imparts the essential character to the garment and

therefore, classification of the garment will be based on the

skirt.

The shift cannot be worn alone due to the sheerness and

design of the upper portion of the garment. The Textile Category

Guidelines indicate that a dress is considered to be a one-piece

garment appropriate for wear without other outer garments. Since

the shift cannot be worn alone in public, it cannot be classified

as a dress under the provision for dresses. It is classifiable,

instead, under the provision for women\'s other garments.

As to the classification of the scarf as a composite good

with the shift or sweater, the Explanatory Notes state in regard

to composite goods:

For the purposes of this Rule \[GRI 3(b)\], composite goods

made up of different components shall be taken to mean not

only those in which the components are attached to each

other to form a practically inseparable whole but also those

with separable components, provided these components are

adapted one to the other and are mutually complementary and

that together they form a whole which would not normally be

offered for sale in separate parts. (Underline added)

The Explanatory Notes are the official interpretation of the HTS

at the international level.

The scarf is an accessory to the combination of the sweater

and shift, but when put together with either one individually, it

fails to meet the requirements of a composite good. The scarf

and sweater are not mutually complementary to the extent that it

is clear that they are intended to be worn together. While the

scarf is made of the same fabric as the skirt portion of the

shift, when considered with the shift, the articles form an

incomplete good. The shift and scarf fail to form a whole when

considered without the sweater. The scarf does not form a whole

within the meaning of the above definition when joined with

either the sweater or the shift.

The scarf cannot be considered with the sweater or shift as

a set. Note 13 requires that textile garments of different

headings be separately classified. Therefore, if a set cannot

exist by application of Note 13, the articles packaged and sold

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with the garments must also be separately classified. See HRL

084322 of August 23, 1989. Since the sweater and shift cannot be

considered a set because of Note 13, a set cannot exist even

between the scarf and shift or scarf and sweater.

HOLDING:

The shift is classified under the provision for women\'s or

girls\' other woven garments, of man-made fibers, other,

subheading 6211.43.0090, HTSUSA, textile category 659, dutiable

at 17 percent ad valorem.

The sweater is classified under the provision for sweaters,

pullovers, sweatshirts, waistcoats (vests) and similar articles,

knitted or crocheted, of man-made fibers under heading 6110.

Since the sweater meets the requirement of Statistical Note 3,

Chapter 61, regarding the number of stitches per centimeters

allowed in garments statistically classified as sweaters, it is

statistically classifiable as a sweater in subheading

6110.30.3020, HTSUSA, textile category 646, dutiable at 34.2

percent ad valorem.

The scarf is classified under the provision for shawls,

scarves, mufflers, mantillas, veils and the like, of synthetic

fibers, subheading 6214.30.0000, textile category 659, dutiable

at 10.6 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.

Sincerely,

John Durant, Director

Commercial Rulings Division

6cc: Area Director, New York Seaport

1cc: CITA

1cc: Legal Reference Section

1cc: Phil Robins