HQ 082285: Classification of children's snowsuit

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 082285

                                   February 15, 1990




            CLA-2 CO:R:C:G  082285 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6210.50.1050

            Gail T. Cumins
            Sharretts, Paley, Carter & Blauvelt, P.C.
            67 Broad Street
            New York, New York 10004

            Re:  Classification of children's snowsuit

            Dear Ms. Cumins:

                 This is in response to your letter dated May 6, 1988, on
            behalf of Paramount Apparel, requesting the classification of
            children's snowsuits under the Harmonized Tariff Schedule of
            the United States Annotated (HTSUSA).

            FACTS:

                 The merchandise at issue consists of children's snowsuits
            made of woven nylon fabric with polyester fill.  Style 5860 is
            sized for girls sizes 2 to 4, style 6860 for girls sizes 4 to
            6x and style 7860 for girls sizes 7 to 14.  One sample was
            submitted.  The garment has an elasticized waist, a front
            zipper extending from the crotch to the neck, a hood with a
            drawstring closure and a snap tab neck closure.  It also has
            two front pockets with zipper closures, elasticized fabric at
            the ankles and elasticized fabric set into the ankle openings.
            Your letter indicates that you believe that the garment is
            classifiable under subheading 6210.50.1050, HTSUSA, or
            subheading 6211.20.1500, HTSUSA.

            ISSUE:

                 Whether the garment at issue is classifiable under
            subheading 6210.50.1050, HTSUSA, or subheading 6211.20.1500,
            HTSUSA.

















                                          -2-


            LAW AND ANALYSIS:

                 Classification of merchandise is in accordance with the
            General Rules of Interpretation (GRI), taken in order.  GRI 1
            states that classification is determined according to the terms
            of the headings and any relative section or chapter notes.
            Heading 6210, HTSUSA, provides for garments, made up of fabrics
            of heading 5602, 5603, 5903, 5906 or 5907.  Heading 6211
            provides for track suits, ski-suits and swimwear.  Note 6,
            Chapter 62, states that ski-suits are garments or sets of
            garments which, by their general appearance and texture, are
            identifiable as intended to be worn principally for skiing
            (cross-country or alpine).  The subject wearing apparel is a
            cold weather garment designed for general outdoor use.  The
            construction of the garment does not support a finding that it
            is intended to be worn principally for skiing.

                 Heading 5903, HTSUSA, provides for textile fabrics
            impregnated, coated, covered or laminated with plastics.  Note
            2, Chapter 59, HTSUSA, provides that Heading 5903 applies to
            textile fabrics impregnated, coated, covered or laminated with
            plastics, whatever the weight per square meter and whatever the
            nature of the plastic material (compact or cellular), other
            than fabrics in which the impregnation, coating or covering
            cannot be seen with the naked eye (usually chapters 50 to 55,
            58 or 60).  For the purpose of that section, no account should
            be taken of any resulting change of color.  The coating on the
            garment at issue is distinguishable from the underlying
            filaments of yarn and is therefore considered coated for the
            purposes of classification under Heading 5903.

            HOLDING:

                 The children's snowsuit at issue is classified under
            subheading 6210.50.1050, HTSUSA, as garments made up of fabrics
            of heading 5602, 5603, 5906 or 5907, other women's or girls'
            garments, of man-made fibers, other, other, with a duty rate of
            7.6 percent ad valorem, and subject to textile category 659.

                 The designated textile and apparel category may be
            subdivided into parts.  If so, 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

















                                          -3-


            changes, to obtain the most current information available, we
            suggest that 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
            available for inspection at your local Customs office.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, 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










































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            082285