Maternity bib and brace overalls made of cotton; heading 6204; Explanatory Note to heading 6103; HRLs 088526 and 088677
Active· CBP ruling HQ 954828· Issued 1993-12-20
Ruling text
HQ 954828
December 20, 1993
CLA-2 CO:R:C:T 954828 NLP
CATEGORY: Classification
TARIFF NO.: 6204.62.2010
Mr. Tommy Lai
Hong Kong Economic and Trade Office
British Embassy
1150 18th Street, N.W.
Suite 475
Washington, D.C. 20036
RE: Maternity bib and brace overalls made of cotton; heading
6204; Explanatory Note to heading 6103; HRLs 088526 and 088677
Dear Mr. Lai:
This is in response to your letter of August 16, 1993, in
which you requested the tariff classification of a pair of
maternity bib and brace overalls under the Harmonized Tariff
Schedule of the United States (HTSUS). A sample of the garment
was submitted for our examination and will be returned to you with
this ruling letter.
FACTS:
The submitted sample, style 8009, is a women's maternity
garment manufactured from 100% woven cotton fabric. The garment
features a pant bottom and an upper portion consisting of a bib
and straps which extend over the shoulders. Neither the front nor
the rear bibs extend to the sides. Style 8009 has long legs and
features an upper and lower portion divided by a horizontal seam
at the front and has an elasticized section at the rear. In
addition, this garment has two curved front pockets on the pants
portion, a partial side opening secured by four metal snaps and
two rear patch pockets. The front bib has a rise of nine inches
and contains a pocket secured by a metal snap.
ISSUE:
Whether the instant garment is classifiable in subheading
6204.62.2010, HTSUS, as women's bib and brace overalls made of
cotton?
LAW AND ANALYSIS:
In understanding the language of the HTS, the Harmonized
Commodity Description and Coding System Explanatory Notes (ENs),
may be utilized. The ENs, although not legally binding, comprise
the official interpretation of the Harmonized Tariff Schedule at
the international level. 54 Fed. Reg. 35127, 35128 (August 23,
1989). The ENs state, on page 834, that the term "bib and brace
overalls" means garments of the type illustrated on page 834, and
similar garments which do not cover the knee. The five
illustrations of garments vary only slightly from each other. The
subject sample does not exactly match any of the illustrations.
In Headquarters Ruling Letters (HRLS) 088677, dated March 15,
1991, and 088526, dated March 19, 1991, Customs dealt with the
classification of overalls and addressed the issue of what type of
garments constitute "bib and brace overalls" within the meaning of
the HTS and the above EN. In this regard, HRL 088677 stated the
following:
The submitted sample is, in our view, clearly commonly
and commercially identifiable as overalls. While it does
not exactly fit the illustrations in the Explanatory Notes, as
indicated above, we do not interpret the Explanatory Notes as
bring so rigid that any deviation from the pictured garments
will prevent classification as overalls. We believe that if
a trousers-like garments has a full front bib, over the shoulder
straps, and is commonly and commercially known as overalls, that
garment is classifiable under the subheadings for bib and brace
overalls.
Based on this statement, HRL 088677 classified a women's baggy
overall as a bib and brace overall in subheading 6204.62.2010,
HTSUS. Moreover, HRL 088526 classified a maternity garment as bib
and brace overalls in subheading 6204.62.2010, HTSUS.
It is our opinion that the submitted sample is also
classifiable as bib and brace overalls in subheading 6204.62.2010,
HTSUS. The sample garment has a full front bib and over the
shoulder straps. Moreover, style 8009 is, in our view, commonly
and commercially identifiable as overalls.
HOLDING:
Style 8009 is classified in subheading 6204.62.2010, HTSUS,
which provides for "[w]omen's or girls' suits, ensembles...bib and
brace overalls...: [t]rousers, bib and brace overalls, breeches and
shorts: [o]f cotton: [o]ther: [b]ib and brace overalls: [o]ther:
[w]omen's. The rate of duty is 9.5% ad valorem and the textile
category code is 359.
The designated textile and apparel categories 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 the importer
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 954828, retrieved 2026-10-12T05:28:18Z, republished verbatim. This digest is informational; only CBP issues binding rulings.