HQ 083494: Classification of certain infants' garments

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 083494

                                 March 28, 1989


      CLA-2 CO:R:C:G  083494  CMR  835414

      CATEGORY: Classification

      TARIFF NO.: 6209.30.3010

      Ms. Lorraine Dugan
      Associated Merchandising Corporation
      50 Terminal Road
      Secaucus, New Jersey 07094

      RE: Classification of certain infants' garments

      Dear Ms. Dugan:

           This ruling is in response to your letter of January 4, 1989,
      requesting the classification of creeper sets.

      FACTS:

           Three styles of creeper sets, 2302, 2321, and 2322, have been
      submitted for review.  All three styles consist of a creeper, a bib,
      and a pair of booties.  All items are made of 65 percent polyester
      and 35 percent cotton woven fabric, and are manufactured in the
      Philippines by J. R. Garments.  The articles of each set are made of
      identical fabric, coordinated as to theme and design, matched as to
      size, and marketed and sold as a unit.

           Each creeper of styles 2322 and 2302 has a pointed collar, two-
      button partial rear opening and hemmed short sleeves.  They have
      embroidery and applique work on the front yoke, a snap crotch, and
      elasticized leg openings.

           The style 2321 creeper has a double collar with embroidery,
      applique work and scalloped edging.  The creeper body has shirring
      and smocking on the front yoke, a two-button partial rear opening,
      elasticized, puffed, short sleeves, a snap crotch, and elasticized
      leg openings.

           The bibs for all three styles have embroidery, applique work,
      scalloped edging, and button closures at the back of the neck.  The
      booties have embroidery and applique work on the toe uppers, scal-
      loped edging at the back ankles and tie closures at the front ankles.
      They also have separate applied fabric soles.















                                       -2-


           Styles 2302, 2321, and 2322 will be sized for babies of a height
      not exceeding 86 centimeters.

      ISSUE:

           Are the creepers, bibs, and booties, of styles 2302, 2321, and
      2322, classifiable as sets under heading 6209, HTSUSA, which provides
      for babies' garments and accessories?

      LAW AND ANALYSIS:

           Customs believes the creepers, bibs, and booties are sets put
      up for retail sale.  Each set consists of at least two different
      articles that are classifiable in different headings.  If imported
      separately, the creepers and bibs would be classifiable under
      subheading 6209.30, HTSUSA, which provides for babies' garments and
      clothing accessories of synthetic fibers.  The booties would be
      classifiable as other footwear under heading 6405, HTSUSA.
      Additionally, the articles are put together to meet a particular need
      (in this case, clothe an infant), and are put up in a manner suitable
      for sale directly to the consumer.  Accordingly, the articles meet
      the requirements for "goods put up in sets for retail sale" set forth
      in Explanatory Note (X) for General Rule of Interpretation (GRI) 3.
      The Explanatory Notes to the HTSUS are the official explanation of
      the HTSUS at the international level.

           GRI 3(b) directs that the goods put up in the set are to be
      classified as if they consisted of the component which gives the set
      its essential character.  Customs believes that the creepers deter-
      mine the essential character of each set.  The bibs and booties are
      accessories to the creepers.  Therefore, they are classifiable with
      the creepers under subheading 6209.30.3010, HTSUSA.

      HOLDING:

           Styles 2302, 2321, and 2322 are classifiable under subheading
      6209.30.3010, HTSUSA, which provides for sunsuits, washsuits and
      similar apparel of synthetic fibers, not knitted or crocheted.  They
      presently fall under textile category 239 and, if manufactured in the
      Philippines, are dutiable at 17 percent ad valorem.





















                                       -3-


           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
















































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins