Classification of leggings; tights v. pants; 6115, HTSUSA, v. 6104, HTSUSA; Classification of a bodysuit; 6114, HTSUSA
Active· CBP ruling HQ 950209· Issued 1992-03-12
Ruling text
HQ 950209
March 12, 1992
CLA-2 CO:R:C:T 950209 CMR
CATEGORY: Classification
TARIFF NO.: 6104.63.2010, 6114.30.2010
Alan Klestadt, Esq.
Richard Wortman, Esq.
Grunfeld, Desiderio, Lebowitz & silverman
12 East 49th Street
New York, New York 10017
RE: Classification of leggings; tights v. pants; 6115, HTSUSA,
v. 6104, HTSUSA; Classification of a bodysuit; 6114, HTSUSA
Dear MM. Klestadt & Wortman:
This ruling is in response to a request by your client,
Gilda Marx Industries, for a classification ruling on three
garments from their Red Wine and Roses Holiday 1991 group. The
request is dated July 9, 1991, however, it was not received by
Customs until August 5, 1991. We are sending the ruling to you
rather than directly to Ms. Strick of Gilda Marx since you
informed Customs you were representing Gilda Marx on this issue
in this case and in another ruling request, HRL 089405.
FACTS:
Three samples, styles 286, 287 and 288, were submitted for
classification.
Style 286 and 287 are garments designed to cover the lower
torso and legs. They are essentially identical garments except
that style 286 has stirrup leg bottoms while style 287 has simple
straight hemmed leg bottoms. Both garments are made of 92
percent polyester/8 percent spandex brushed knit fabric. The
garments have self-fabric covered elasticized waistbands and
lined diamond-shaped gussets in the crotch. The garments have
seams along the inside of the legs and seams in the center of the
front and back torso portion of the garments.
Style 288 is described as a bodysuit. It is made of the
same fabric as styles 286 and 287. The garment is designed to
cover the entire torso and legs to the ankles. It is sleeveless
with shoulder straps that measure about 1 1/2 inches at the
-2-
shoulder. The bust area is clearly defined by stitching and
features an additional layer of knit fabric.
The garments will be imported from Taiwan through the port
of Los Angeles.
ISSUE:
Are styles 286 and 287 classifiable as tights of heading
6115, HTSUSA, or as pants of heading 6104, HTSUSA?
Is style 288 classifiable as a bodysuit or as a one-piece
playsuit or similar article?
LAW AND ANALYSIS:
In regard to styles 286 and 287, we believe HRL 089405
issued to you on behalf of Gilda Marx contains Customs reasoning
for classifying these garments as pants of heading 6104, HTSUSA.
Therefore, we will not restate the analysis here. These
garments are similar to garments previously ruled upon by Customs
in HRL 088454 of October 11, 1991, HRL 089852 of February 19,
1992, and HRL 089405. In all cases, Customs determined the
garments were properly classifiable as pants of heading 6104,
HTSUSA, and not as tights of heading 6115, HTSUSA, or as other
garments of heading 6114, HTSUSA.
As to style 288 and classification as a bodysuit, Customs
must refer to lexicographic sources regarding the definition of
bodysuit as it is not defined in the HTSUSA. Webster's II New
Riverside University Dictionary defines bodysuit as: "A tight-
fitting one-piece garment for the torso." Interestingly, body
stocking is defined therein as: "A tight-fitting usu. one-piece
garment covering the torso and occas. having sleeves and legs."
The Textile Category Guidelines, CIE 13/88, which were
developed to unsure uniformity, facilitate statistical
classification and assist in the determination of the appropriate
textile categories, offer some guidance in determining the
commercial designation of certain articles. In regard to body
suits, the guidelines state:
Body suits are constructed of finely knit fabric which
usually includes lycra or spandex yarns. They cover the
wearer's torso and may have elastic around the neck, arm and
leg openings. They are designed to be form-fitting and they
may be intended for use during exercise, dance or similar
athletic activity. Body suits are one piece garments.
Unitards are body suits with arm and leg coverings and are
included as body suits. Body suits are frequently called
leotards in the trade.
-3-
Customs considers body suit and body stocking to be nearly
synonymous terms. Style 288 clearly meets the definition of body
stocking. Additionally, it appears to fit the description of
body suits presented in the Textile Category Guidelines.
HOLDING:
Styles 286 and 287 are classifiable as women's knit trousers
of synthetic fibers in subheading 6104.63.2010, HTSUSA, textile
category 648, dutiable at 30 percent ad valorem. Style 288 is
classifiable as a knit body suit of man-made fibers of fabric
containing by weight 5 percent or more elastomeric yarn or rubber
thread in subheading 6114.30.2010, HTSUSA, textile category 659,
dutiable at 34.3 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
Source: rulings.cbp.gov — ruling 950209, retrieved 2026-10-12T05:25:25Z, republished verbatim. This digest is informational; only CBP issues binding rulings.