Classification of women's suspender jeans

HQ 082934 October 24, 1989 CLA-2 CO:R:C:G 082934 JS CATEGORY: Classification TARIFF NO.: 6204.62.4010 Mr. Paul Casey Edward S. Zerwekh Company P.O. Box 368 Wilmington, California 90748 RE: Classification of women's suspender jeans Dear Mr. Casey: This ruling is in response to your letter of September 28, 1988, on behalf of Hub Distributing Co., requesting classification of women's suspender jeans under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: The sample submitted, style WB-4140, is manufactured from 100 percent woven blue denim fabric. The jeans feature a zippered fly front opening secured by two metal buttons, a partially elasticized waist, five belt loops, two front pockets with curved openings, and two rear patch pockets. Each rear patch pocket features a single row of decorative, non- functional, contrast colored stitching. In addition, the jeans feature non-detachable, self fabric suspenders sewn to a 4-1/2 inch rise at the rear of the waistband; the suspenders are designed to extend over the wearer's shoulders and button to the front of the waistband. ISSUE: Is the merchandise at issue classifiable as women's trousers in Heading 6204, HTSUSA? - 2 - LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relevant section or chapter notes. Heading 6204, HTSUSA, 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). Subheading 6204.62.40, HTSUSA, specifically covers cotton trousers for women. Therefore, the subject jeans are classifiable in this subheading. HOLDING: The merchandise at issue is classified under subheading 6204.62.4010, HTSUSA, 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), trousers, bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, womens, blue denim, textile category 348, and dutiable at the rate of 17.7 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 - 3 - 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 Ruling Division jackson library 082934js 6cc: Area Director, New York Seaport JStermasi:jaj:10/24/89