HQ 080450: 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 080450

                                    July 5, 1988


          CLA-2 CO:R:C:G  080450  CMR  823681

          CATEGORY:  Classification

          TARIFF NO:  384.2970; 384.8050; 384.4720; 384.9168

          Mr. Kevin Maher
          C Air Custom House
             Brokers-Forwarders, Inc.
          153-39 Rockaway Boulevard.
          Jamaica, New York  11434

          RE:  Classification of certain infants' garments

          Dear Mr. Maher:

              This is in response to your letter of May 19, 1987, on behalf
          of your client, H. Bailey Intl. Ltd., requesting a classification
          ruling for a shorts and shirt set which will be manufactured in
          the Philippines in sizes 2-6x.

          FACTS:

              The submitted sample consists of shorts made from woven
          fabric.  The shorts have a partially elasticized waistband with a
          button on each side.  A thin strip of contrasting piping appears
          along the sides of the shorts.  The top is made of predominantly
          knit fabric and has a crew neck.  Bands of woven fabric appear as
          part of the sleeves.  The same woven fabric is used in the
          construction of the partial front opening which has a two-button
          closure.  The top has thin stripes of the same color as the solid
          colored shorts.  A small elastic buttonloop is sewn into the side
          seams as a means of attachment to the buttons on the shorts.  The
          garments will be made from fabrics of man-made fibers and of
          cotton.


          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.  They are not suffi-
          ciently 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 does not result in a new
          article of commerce known generally and commercially as a
          playsuit.

          HOLDING:

              The garments of the samples are classifiable separately.
          When manufactured from fabric in chief value of cotton, the top
          is classifiable in the provision for other women's, girls', or
          infants' wearing apparel, not ornamented, of cotton, knit,
          shirts, other, infants', boys' over 24 months of age, item
          384.2970, Tariff Schedules of the United States Annotated
          (TSUSA), textile category 338.  The rate of duty is 21 percent ad
          valorem.  When manufactured from fabric in chief value of man-
          made fibers, the top is classifiable in item 384.8050, TSUSA,
          textile category 638.  The rate of duty is 13 cents per pound
          plus 32.5 percent ad valorem.  The shorts, when made from fabric
          in chief value of cotton, 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 . . .; shorts;
          infants', infant boys' over 24 months age of age, item 384.4720,
          TSUSA, textile category 347.  The rate of duty is 16.5 percent ad
          valorem.  When made from fabric in chief value of man-made
          fibers, the shorts are classifiable in item 384.9168, TSUSA,
          textile category 647.  The rate of duty is 17 cents per pound
          plus 27.5 percent ad valorem.

              Under the proposed Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), when manufactured from fabric of
          cotton, the top is classifiable in the provision for men's or
          boys' shirts, knitted or crocheted, of cotton, boys', other,
          subheading 6105.10.0030, HTSUSA, textile category 338.  The rate
          of duty is 21 percent ad valorem.  When made from fabric of man-
          made fibers, assuming the fabric is synthetic, and not artifi-
          cial, the top is classifiable in subheading 6105.20.2030, HTSUSA,
          textile category 638.  The rate of duty is 34.6 percent ad
          valorem.  The shorts, when made from fabric of cotton, are
          classifiable in the provision for men's or boys' suits,












                                         -3-


          ensembles, . . ., breeches and shorts (other than swimwear):
          trousers, bib and brace overalls, breeches and shorts: of cotton:
          other: other . . ., shorts: boys': other, subheading
          6203.42.4060, HTSUSA, textile category 347.  The rate of duty is
          17.7 percent ad valorem.  When made from fabric of man-made
          fibers, assuming the fabric is synthetic, and not artificial, the
          shorts are classifiable in subheading 6203.43.4040, HTSUSA,
          textile category 647.  The rate of duty is 29.7 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