Classification of shorts and suspenders

HQ 083950 April 24 1989 CLA2 CO:R:C:G 083950 DSN CATEGORY: Classification TARIFF NO.: 6204.62.4055 Ms. Donna Dulong Import Coordinator County Seat, The Jean Store 17950 Preston Road Suite 1000 Dallas, Texas 752525638 RE: Classification of shorts and suspenders Dear Ms. Dulong: This ruling letter is in response to your inquiry of February 17, 1989, requesting classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for women's shorts with detachable suspenders. A sample produced in Hong Kong was submitted for examination. FACTS: Style number 4565 is women's 100 percent acid wash blue denim short with detachable suspenders. The shorts are designed with two waistbands. The waistband used for the suspenders is elasticized while the other waistband has belt loops. The shorts have side pockets and two pleats on each leg. ISSUE: Whether the shorts and detachable suspenders are classified as a set. LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 3 provides for classification of sets.  2 GRI 3(b) provides that goods put up in sets for retail sale which cannot be classified by GRI 3(a), shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes for GRI 3(b) state that goods put up in sets for retail sale are those which consist of at least two different articles which are classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repacking. The sample at issue consists of two articles classifiable in different headings. Heading 6204, HTSUSA, provides for women's shorts. Heading 6212, HTSUSA, provides for suspenders. These articles are put up together to provide a coordinated outfit of shorts and suspenders even though the suspenders are not of the same fabric as the shorts. They are stated to be imported together; we assume that they are ready for direct sale without repacking. Therefore, we conclude that the sample at issue is a set. Having determined that the sample at issue is a set, we still must determine the essential character in order to properly classify the merchandise. According to the Explanatory Notes to GRI 3(b), essential character may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. With regard to the sample at issue, as in virtually every instance involving accessory and garment combinations, it is the garment which provides the essential character. Accessories such as suspenders, are not the main reason for the existence of the combination or the primary motivating factor governing its purchase. Thus, the shorts impart the essential character. We note that the suspenders and shorts combination at issue cannot be described as composite goods. Although shorts and suspenders can be used together, these clipon detachable suspenders have no particular connection with this pair of shorts. There are no loops, hooks, or fasteners, that could allow them to be characterized as adapted components. The suspenders are of a type that normally are offered for sale apart from shorts. Therefore, the suspenders and shorts are not considered composite goods. See HRL 081619 of October 6, 1988, where trousers with a cotton belt were classified as composite goods. See HRL 083505 of March 3, 1989, where pants, belt, and suspenders were classified as a set consisting of composite goods.  3 HOLDING: The shorts and suspenders are classified as a set under subheading 6204.62.4055, HTSUSA, which provides for women's or girls' shorts, of cotton, textile category 348, and dutiable at the rate of 17.7 percent ad valorem. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, 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