Ladies shortalls; classifiable bib and brace overalls heading 6204, HTSUSA
Active· CBP ruling HQ 088810· Issued 1991-06-12
Ruling text
HQ 088810
June 12, 1991
CLA-2 CO:R:C:T 088810 JS
CATEGORY: Classification
TARIFF NO.: 6204.62.2010
Tommy Lai
Hong Kong Economic
and Trade Office
British Embassy
1233 20th Street, NW
Washington, D.C. 20036
RE: Ladies shortalls; classifiable bib and brace overalls
heading 6204, HTSUSA
Dear Mr. Lai:
This is in reference to your letter of March 4, 1991, on
behalf of MGV Fashion Group Inc., requesting classification of
women's short leg overalls under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA).
FACTS:
Two garments were submitted for our inspection. The first,
style ref. MEA 809, is a pair of woven, 100 percent cotton bib
overalls which you state are made for women. The garment has a
colorful print of rose and other designs on a white and yellow
striped backround. There is an 8 1/2 inch front bib rise with a
horizontal cut top edge, which is permanently stitched onto the
waist; it also has a front pocket and a metal button on each top
hand corner. The rear bib rise is approximately 8 inches long
with a tapered construction which is narrowest at the top. It
divides into two self-fabric suspenders which extend over the
shoulders, and clasp onto the front bib buttons with fitted metal
clasps.
Three belt loops surround the 33 inch waist; two buttons
each are sewn vertically onto the right and left side of the
pants portion of the garment. There are front slash pockets from
hip to waist, and two large rear pockets. The legs of the
garment are short, reaching to above the knee.
The second garment, style ref. NAD 826, is also of 100
percent woven cotton, constructed exactly as above except that is
of a blue and white striped design.
2
ISSUE:
Whether the garments at issue are classified under the
provision for bib and brace overalls under heading 6204, HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes. Where goods cannot be classified solely on the
basis of GRI 1, and if the heading and legal notes do not
otherwise require, the remaining GRI may be applied, in the order
of their appearance.
Heading 6204, HTSUSA, provides for, inter alia, women's or
girls' bib and brace overalls, not knitted or crocheted. The
Explanatory Notes ("EN"), the official interpretation of the
HTSUSA at the international level, state that the provisions of
the Explanatory Notes to heading 61.04, apply mutatis mutandis
to the articles of this heading (heading 62.04). EN 61.03 note
(E) states that "bib and brace overalls" means garments of the
type illustrated in figures 1 to 5 and similar garments which do
not cover the knee. The merchandise at issue is substantially
similar to that which is depicted in figure 5; it has a front and
rear bib rise above the natural waistline, with suspender straps,
a pocket on the front bib, side slash and back pockets on the
pants portion of the garment. The garment in fact looks
identical to that which is depicted in the illustrated figure;
the short, above-the-knee pant legs are encompassed by the
Explanatory Note above which allow for "similar garments which do
not cover the knee."
Consideration of this merchandise under heading 6210,
HTSUSA, which provides for other garments, not knitted or
crocheted, is thus precluded by GRI 1, which requires that the
terms of the headings be given primary weight for purposes of
classification. Since the terms of heading 6204 specifically
include the merchandise at issue, it is inappropriate to continue
consideration of subsequent headings and subheadings but for the
findings indicated below.
HOLDING:
The merchandise at issue is classified under subheading
6204.62.2010, HTSUSA, which provides for women's or girls' suits,
ensembles, suit-type jackets, blazers, dresses, skirts, divided
breeches and shorts (other than swimwear): trousers, bib and
brace overalls, breeches and shorts: of cotton: other: bib and
brace overalls, other: women's, textile category 359, dutiable at
a rate of 9.5 percent ad valorem.
3
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 your client check, close 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 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, your client should contact its
local Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
The sample will be returned to you under separate cover, as
requested.
Sincerely,
John Durant, Director
Commercial Operations Division
Source: rulings.cbp.gov — ruling 088810, retrieved 2026-10-12T05:21:17Z, republished verbatim. This digest is informational; only CBP issues binding rulings.