HQ 079651: Classification of certain garments in boys' sizes 4-7 and girls' sizes 4-6x.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 079651

                                    July 5, 1988


          CLA-2 CO:R:C:G  079651  CMR  821900

          CATEGORY:  Classification

          TARIFF NO.:  384.4784; 384.4746; 6206.30.3030; 6204.62.4030

          Mr. Steven Cohen
          Ishkabibbles, Inc.
          P.O. Box 1114
          Bayonne, New Jersey  07002

          RE:  Classification of certain garments in boys' sizes 4-7 and
               girls' sizes 4-6x.

          Dear Mr. Cohen:

              This ruling is in response to your letter of December 31,
          1986, requesting a tariff classification ruling for a shirt and
          pants set manufactured in Panama.

          FACTS:

              The submitted sample, style 2624, consists of a long sleeve
          shirt and long pants.  The shirt has a button-down collar, single
          button cuffs, a full button-down front, a rounded bottom, a
          single chest pocket, and a single button on each side sewn at the
          seam about two and a half inches from the bottom.  The corduroy
          pants have two front pockets, one back pocket with a snap flap
          closure, a zipper fly, snap closure front, and a partially
          elasticized waistband.  Sewn into the inside of the waistband at
          the right and left outseams are elastic loops which attach to the
          buttons on the shirt.  Both garments are made from cotton fabric.

              The garments are imported and sold together.

          ISSUE:

              Whether the top and shorts of the submitted sample are
          classifiable separately or as a playsuit.




















                                         -2-



          LAW AND ANALYSIS:

              It is our view that two-piece combination garments are not
          classifiable as playsuits when they are merely joined at the
          waist by buttons or other fasteners, and do not form a new
          commercial entity generally recognized as a playsuit.  Ruling
          Letter 079553 of March 30, 1988.  The garments of the submitted
          sample fall within the scope of this view.  The top and pants are
          made of different types of cotton fabric.  The only connection
          between the garments, besides being imported and sold together,
          is the means of attachment which is by buttons at the waist in a
          manner which is not considered commercially realistic nor
          resulting in a new article of commerce known generally and
          commercially as a playsuit.

          HOLDING:

              The shirt and pants are classifiable separately.  The shirt
          is classifiable in the provision for other women's, girls', or
          infants' wearing apparel, not ornamented, of cotton, not knit,
          other, other, . . ., other shirts, suits, . . ., shirts,
          infants', item 384.4784, Tariff Schedules of the United States
          Annotated (TSUSA), textile category 341.  The rate of duty is
          16.5 percent ad valorem.  The pants are classifiable in the
          provision for other women's, girls', or infants' wearing apparel,
          not ornamented, of cotton, not knit, other, other, . . ., other
          shirts, suits, other trousers and slacks, shorts, trousers and
          slacks, corduroy, infants', other infants', item 384.4746, TSUSA,
          textile category 348.  The rate of duty is 16.5 percent ad
          valorem.

              Under the proposed Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), the shirt is classifiable in the
          provision for women's or girls' blouses, shirts, and shirt-
          blouses, of cotton, other, other, with two or more colors in the
          warp and/or filling, girls', other, subheading 6206.30.3030,
          HTSUSA, textile category 341.  The rate of duty is 16.4 percent
          ad valorem.  The pants are classifiable in the provision for
          women's or girls' suits, ensembles, suit-type jackets, blazers,
          dresses, skirts, divided skirts, trousers, bib and brace
          overalls, breeches and shorts (other than swimwear), trousers,
          bib and brace overalls, breeches and shorts, of cotton, other,
          other, other, trousers and breeches, girls', other, subheading

















                                         -3-



          6204.62.4030, HTSUSA, textile category 348.  The rate of duty is
          17.7 percent ad valorem.  This classification represents the
          present position of the Customs Service under the proposed
          HTSUSA.  If changes occur before enactment, this advice may not
          continue to be applicable.


                                          Sincerely,



                                          John Durant, Director
                                          Commercial Rulings Division















































          6cc: Area Director, New York Seaport
          1cc: CITA
          1cc: NIS Bruce Kirschner