HQ 083981: Tariff classification of "sleeper" and booties

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 083981

                                      June 2, 1989

             CLA-2 CO:R:C:G  083981  SM

             CATEGORY:  Classification

             TARIFF NO.:  6108.32.0010

             Mr. Bob Suszycki
             Sanmark Stardust, Inc.
             145 Madison Avenue
             New York, NY  10016

             RE: Tariff classification of "sleeper" and booties

             Dear Mr. Suszycki:

                   Your letter of February 17, addressed to our New York
             office, requesting a tariff classification ruling for a
             women's "sleeper" and booties, has been referred to this
             office for reply.

             FACTS:

                   A sample of Style 20M57015 was submitted.  It consists
             of two parts:  a one-piece women's sleep garment and a pair of
             booties, both constructed from 100 percent polyester bunting.
             The garment looks like an adult version of a children's
             "sleeper."  It features rib-knit cuffs at the ankles and
             wrists, a rib-knit collar, and a 20-inch front zipper.  It
             unsnaps at the waist at the back only; the waist is also
             elasticized at the back and has a string tie at either side
             which may be wrapped around and tied in front.  The booties,
             of the same brushed knit fabric, have sewn-in soles and
             elastic at the ankles.  They will be packaged for sale with
             the sleeper.

             ISSUE:

                   Are the sleeper and booties classified separately or
             together?

             LAW AND ANALYSIS:

                   Classification under the HTSUSA is in accordance with
             the General Rules of Interpretation (GRI's).  GRI 1 provides
             that classification is determined first in accordance with the
             terms of the headings of the tariff and any relative section
             or chapter notes and then, if the headings and notes do not
             otherwise require, in accordance with the remaining GRI's.












                                           -2-


                     The "sleeper" is covered by heading 6108, HTSUSA,
             which includes women's and girls' nightdresses and pajamas and
             similar articles, knitted or crocheted.  The booties are
             covered by heading 6405, HTSUSA, a provision for other foot-
             wear.  No single heading provides for both the sleeper and the
             booties.  Classification cannot be determined under GRI 1.

                   GRI 3 provides generally for the classification of goods
             that appear to be classifiable under more than one heading.
             GRI 3(a) provides that the more specific heading is to be
             preferred.  However, when "two or more headings each refer to
             part only of the . . . items in a set put up for retail sale,
             those headings are to be regarded as equally specific in
             relation to those goods . . . ."  In this case different head-
             ings each refer to part only of the goods to be classified.
             Thus classification cannot be determined according to which
             heading is more specific.

                   GRI 3(b) provides that "goods put up in sets for retail
             sale, which cannot be classified by reference to 3(a), shall
             be classified as if they consisted of the material or com-
             ponent which gives them their essential character . . . ."

                   The Explanatory Notes (EN), the official interpretation
             of the HTSUSA at the international level, for GRI 3(b) provide
             interpretation of the terms essential character and goods put
             up in sets for retail sale.  The EN state that goods put up in
             sets for retail sale are those that:

                        (a) consist of at least two different articles
                            which are, prima facie, classifiable in
                            different headings . . .;

                        (b) consist of products or articles put up together
                            to meet a particular need or carry out a
                            specific activity; and

                        (c) are put in a manner suitable for sale directly
                            to users without repacking . . . .

             In this case the goods to be classified consist of a textile
             garment and footwear prima facie classifiable in different
             headings.  Although both articles are of types sold sepa-
             rately, they are put up together here as a coordinated sleep
             set to provide soft warmth for the torso, arms, legs, and
             feet.  We assume that they are imported ready for direct sale
             without repacking.  Thus they meet the requirements for
             classification as a set.













                                           -3-


                   The EN state further that the factor determining which
             article of a set provides its essential character will vary
             with different kinds of goods.  It may be "the nature of the
             material or component, its bulk, quantity, weight or value, or
             . . . the role of a constituent material in relation to the
             use of the goods."  With regard to Style 20M57015, it is the
             sleep garment which, by its bulk, quantity, weight, value, and
             role provides the essential character.  The booties are in the
             nature of an accessory, and would not be the main reason for
             the  existence of the combination or the primary motivating
             factor governing its purchase.

             HOLDING:

                   The sleeper and booties are classified under subheading
             6108.32.0010, HTSUSA, textile category 651, a provision
             including other women's nightdresses and pajamas and similar
             articles, of man-made fibers, knitted or crocheted.

                   Because of the changeable nature of the statistical
             annotation, i.e., the ninth and tenth digits of the tariff
             number, and the textile restraint categories, you should con-
             tact your local Customs office before importation of this mer-
             chandise to determine the current status of any import
             restraints or requirements.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division





























             6cc:  Area Director of Customs
                   NY Seaport Area
             cc:   Legal Reference Section
             cc:   CITA
             cc:   NIS Mike Crowley
             cc:   Phil Robins