HQ 080288: Classification of various two-piece infants' and children's 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 080288

                                    June 6, 1988


          CLA-2 CO:R:C:G  080288  CMR 823124

          CATEGORY:  Classification

          TARIFF NO:  384.4618; 384.4616; 384.4723; 384.4724

          Stretch-O-Rama, Inc.
          112 West 34th Street
          New York, New York  10120

          RE:  Classification of various two-piece infants' and children's
               garments

          Dear Sir:

              This is in response to a letter of April 6, 1987, by Jack
          Grossman of Ja-Mar Forwarding, requesting a tariff classification
          ruling for certain garments which will be manufactured in Hong
          Kong and imported into the United States by your company.

          FACTS:

              The following is based on the description Mr. Grossman gave
          in his letter of April 6, 1987.

              The garments at issue, styles 24599 (size 4-6x) and 34599
          (size 7-14), and styles 24600 (size 4-6x) and 34600 (size 7-14),
          consist of short sleeve tops and shorts of the same 100 percent
          cotton fabric.  The tops have button-down fronts and a single
          chest pocket.  The shorts have partial elastic waistbands.
          Styles 24599 and 34599 have a buttonhole on each side of the
          shorts.  There are corresponding buttons on the tops of the sets
          by which the tops and bottoms are attached during wear.  Styles
          24600 and 34600 have a single button attached to either side of
          the shorts which are used in conjunction with elastic loops sewn
          into either side of the inner seam of the tops for attachment
          during wear.

          ISSUE:

              Whether the tops and shorts of the submitted samples are
          classifiable separately or as playsuits.

          LAW AND ANALYSIS:

              It is our view that two-piece combination garments are not
          classifiable as playsuits when they are merely joined at the












                                         -2-


          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 submitted samples are
          garments which fall within the scope of this view.  The garments
          are not sufficiently dependent upon one another.  The means of
          attachment of the garments is by buttons at the waist in a manner
          which is not considered commercially realistic, and it does not
          result in a new article of commerce known generally and commer-
          cially as a playsuit.

          HOLDING:

              The garments are classifiable separately.  The tops of styles
          24599, 34599, 24600, and 34600 are classifiable in the provision
          for other women's, girls', or infants' wearing apparel, not
          ornamented, of cotton, not knit, other, other, . . ., blouses,
          item 384.4618, Tariff Schedules of the United States Annotated
          (TSUSA), when in sizes 4-6x; and item 384.4616, TSUSA, when in
          sizes 7-14.  For both item numbers, the textile category is 341,
          and the rate of duty is 16.5 percent ad valorem.  The shorts of
          styles 24599, 34599, 24600, and 34600 are classifiable in the
          provision for other women's, girls', or infants' wearing apparel,
          not ornamented, of cotton, not knit, other, other, . . ., shorts,
          item 384.4723, TSUSA, when in sizes 4-6x; and item 384.4724,
          TSUSA, when in sizes 7-14.  For both item numbers, the textile
          category is 348, and the rate of duty is 16.5 percent ad valorem.

              Under the proposed Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), the tops of styles 24599, 34599,
          24600, and 34600 are classifiable in the provision for women's or
          girls' suits, ensembles, . . ., breeches and shorts, ensembles,
          of cotton, other, blouses and shirts, other, subheading
          6204.22.3065, HTSUSA, textile category 341.  The rate of duty is
          16.4 percent ad valorem.  The shorts of styles 24599, 34599,
          24600, and 34600 are classifiable in the provision for women's or
          girls' suits, ensembles, . . ., breeches and shorts, ensembles,
          of cotton, other, shorts, subheading 6204.22.3050, 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.




















                                         -3-


              We regret that we are unable to return your samples as
          requested.  We are unable to locate them.  They may have been
          misplaced during the recent relocation of all personnel within
          our branch.

                                          Sincerely,



                                          John Durant, Director
                                          Commercial Rulings Division


















































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