HQ 081608: Tariff classification of infants' shawl

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 081608

                                    September 7, 1988



             CLA-2 CO:R:C:G   081608  SM

             CATEGORY:  Classification

             TARIFF NO.:  6301.40.0010

             Ellen E. Rosenberg, Esq.
             Siegel, Mandell & Davidson, P.C.
             One Whitehall Street
             New York, NY  10004

             RE:  Tariff classification of infants' shawl

             Dear Ms. Rosenberg:

                   Your letter of November 25, 1987, on behalf of Frederick
             Wholesale Corporation, addressed to our New York office,
             requests a tariff classification under the proposed Harmonized
             Tariff Schedule of the United States Annotated (HTSUSA) for an
             article described as an infants' shawl, to be imported from
             Japan.

             FACTS:

                   A sample of the infants' shawl, Style No. 5060, was
             submitted to this office.  The shawl is constructed of 100
             percent acrylic woven fabric and measures 35 inches square.
             There is a self fringe of approximately two inches on each
             side.

                   You state that the article is used to wrap around an
             infant being held or carried.  You suggest that it is clas-
             sifiable under subheading 6209.30.3040, HTSUSA, a provision
             for other babies' garments and clothing accessories of syn-
             thetic fibers.

             ISSUE:

                   Is the infants' shawl classified as babies' garments and
             clothing accessories under the HTSUSA?

             LAW AND ANALYSIS:

                   In order to be classified under the provisions for
             babies' garments and clothing accessories, articles must first
             of all be for babies; and, secondly, must constitute garments
             or clothing accessories.











                                           -2-


                   Note 4 to Chapter 62, HTSUSA, provides that, for
             purposes of heading 6209, "'babies' garments and clothing
             accessories' means articles for young children of a body
             height not exceeding 86 centimeters . . . ."  Nothing about
             the infants' shawl would restrict it to use by children not
             over 86 centimeters tall.

                   More importantly, we do not agree that the infants'
             shawl can be described as a babies' garment or as a clothing
             accessory.  The Explanatory Notes, the official interpretation
             of the HTSUSA at the international level, state that heading
             6209 "includes, inter alia, matinee coats, pixie suits,
             rompers, infants' bibs, gloves, mittens and mitts, tights and
             babies' bootees without soles, not knitted or crocheted."  The
             infants' shawl is not a garment to be worn on the body, like
             the named articles.  It is in effect a small blanket to be
             laid over or wrapped around a clothed infant.  It could, in
             fact, be used as a lap robe or light cover by anyone.

                   Heading 6301 provides for blankets and traveling rugs.
             The Explanatory Notes indicate that it includes blankets for
             baby carriages.  In our view, the sample is among the types of
             articles likely to be used in this manner and meant to be
             included in this provision.

             HOLDING:

                   The infants' shawl is classified under subheading
             6301.40.0010, HTSUSA, textile category 666, a provision for
             woven blankets and traveling rugs, other than electric, of
             synthetic fibers.  This classification represents the present
             position of the Customs Service under the proposed HTSUSA.  If
             there are changes before enactment, this advice may not con-
             tinue to be applicable.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division




















             cc:  NIS Richard Eyskens
             cc:  CITA