Classification of blouse with fabric tie

HQ 084063 April 25, 1989 CLA2 CO:R:C:G 084063 DSN CATEGORY: Classification TARIFF NO.: 6206.40.3030 Mr. Kenneth J. Baird Vice President Wolf D. Barth Co., Inc. 90 West Street New York, New York 10006 RE: Classification of blouse with fabric tie Dear Mr. Baird: This ruling letter is in response to your inquiry of February 23, 1989, on behalf of Jones Apparel Group, requesting classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a ladies blouse with fabric tie. A sample produced in Hong Kong was submitted for examination. FACTS: Style number 40777 is a women's 100 percent rayon long sleeve blouse with a placket covering the buttons. This garment features a separate 100 percent rayon tie to wear around the neck. There are no loops or other attachments for this fabric tie. ISSUE: Whether the sample at issue is classified as composite goods. LAW AND ANALYSIS: Classification of merchandise is in accordance with the General Rules of Interpretation (GRI's), taken in order. The term "composite goods" is referred to in GRI 3. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to GRI 3 state that composite goods made up of different components shall be taken to  2 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. With respect to the instant sample, it is composed of different components, i.e., a blouse and a tie, forms a commercial unit, and is not normally offered for sale as separate articles. Therefore, the blouse and fabric tie are considered composite goods. Pursuant to GRI 3(b), composite goods made up of different components shall be classified as if they consisted of the material or component which gives them their essential character. 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. The accessories, such as fabric ties, are not the main reason for the existence of the combination or the primary motivating factor governing its purchase. It is our opinion that the blouse imparts the essential character. HOLDING: The blouse and fabric tie are classified as composite goods under subheading 6206.40.3030, HTSUSA, which provides for women's or girls' blouses, shirts and shirtblouses, of manmade fibers, other, other, textile category 641, and dutiable at the rate of 28.6 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 ocntact 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