HQ 083944: Classification of various infants' sets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

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 083944

                                 April 21, 1989


      CLA-2 CO:R:C:G  083944  CMR

      CATEGORY: Classification

      TARIFF NO.: 6111.30.5030; 6111.30.5020

      Mr. Stanley Oremland
      Doe-Spun Inc.
      Connelly Road
      Emigsville, Pa. 17318

      RE: Classification of various infants' sets under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA)

      Dear Mr. Oremland:

           This ruling is in response to your letters of February 16-17,
      1989, requesting the classification of various infants' sets under
      the HTSUSA.

      FACTS

           Six styles of infants' sets were submitted for review.  The
      style numbers are 2801, 2817, 2864, 11502, 3861, and 2861.  All items
      in the sets are made of 65 percent polyester, 35 percent cotton,
      interlock knit fabric.  The components of each set are matched as to
      size, marketed as a unit, and color coordinated.  The sets are sized
      for ages 3 to 9 months.

           Style 2801 consists of a shirt, a pair of pants, and a pair of
      booties.  The shirt has long sleeves, a three snap full-front
      opening, appliques, embroidery, and an overlay of fabric forming a
      half-inch strip around the bottom of the garment.  Capping is
      stitched at the neck and front opening.  A ribbon bow appears at the
      top of the front opening.  The pants have an elasticized waistband
      and capping at the bottom.  The booties have elasticized ankles,
      ribbon bows, piping at the seams, and applied fabric soles.

           Style 2817 consists of a creeper and a pair of pants.  The
      creeper has a partial three-button rear opening, an applique,
      embroidery, a ribbon bow, a snap crotch, and ribbing at the neck and
      sleeve cuffs.  The pants have an elasticized waistband, two fabric
      band ruffles sewn across the rear, a ribbon, and ribbing at the ankle
      cuffs.











                                       -2-


           Styles 2864, 11502, 3861, and 2861 consist of a long sleeve
      pullover and a pair of pants.

           The style 2864 pullover has an applique, embroidery, a ribbon
      bow, capping with picot edging at the neck and bottom, and ribbing
      with picot edging at the sleeve cuffs.  The pants have an elasticized
      waistband, ribbon bows, and capping with picot edging at the bottom.

           The style 11502 pullover has an applique, capping at the neck,
      ribbing at the sleeve cuffs, and a hemmed bottom.  The pants have an
      elasticized waistband and ribbing at the ankle cuffs.

           The style 3861 and 2861 pullovers have appliques, embroidery,
      ribbon bows, capping at the neck, ribbing at the sleeve cuffs, and
      hemmed bottoms.  The pants have elasticized waistbands and ribbing at
      the ankle cuffs.

      ISSUE:

           Are the submitted garments classifiable as infants' sets, and
      are the garments classifiable as underwear, nightwear, or playwear?

      LAW AND ANALYSIS:

           The submitted garments are imported, advertised, marketed, and
      sold as babies' playwear.  They do not have characteristics generally
      affiliated with nightwear, such as loose fit and wide waistbands with
      the elastic uncovered on the inside.  In addition, they do not appear
      to be intended for wear under other garments as underwear is.  Upon
      examination of the garments, Customs is of the opinion that they are
      chiefly used as playwear.

           The creeper of style 2817, pullovers of styles 2864, 11502,
      3861, and 2861, and the pants of the aforementioned styles are
      classifiable in subheading 6111.30.50, HTSUSA, which provides for
      babies garments and clothing accessories, knitted or crocheted, of
      synthetic fibers, other.  Since the garments are "imported together,
      of corresponding sizes and intended to be worn together by the same
      person," they meet the definition for "sets" in the Additional U.S.
      Note to Chapter 61, and are classifiable in the statistical provision
      for sets under subheading 6111.30.50, HTSUSA.

           Style 2801 presents a somewhat different situation.  While the
      shirt and pants are classifiable under subheading 6111.30.50, HTSUSA,
      the booties are classifiable as other footwear under heading 6405,
      HTSUSA.  Customs believes the shirt, pants, and booties are a set put
      up for retail sale within the requirements 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.    











                                       -3-


           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 shirt and pants
      equally contribute to the essential character of the set.  The
      booties are accessories to the outfit.  Since the shirt and pants are
      classifiable in the same subheading, 6111.30.5030, HTSUSA, which
      provides for babies' garments and clothing accessories, knitted or
      crocheted, of synthetic fibers, imported as parts of sets, it is not
      necessary to choose one over the other in determining the essential
      character for classification purposes.

      HOLDING:

           The shirt, pants, and booties of style 2801 are classifiable in
      subheading 6111.30.5030, HTSUSA, as babies' garments and clothing
      accessories, knitted or crocheted, of synthetic fibers, imported as
      parts of a set.

           The garments of styles 2817, 2864, 11502, 3861, and 2861 are
      classifiable in subheading 6111.30.5020, HTSUSA, which provides for
      babies' garments and clothing accessories, knitted or crocheted, of
      synthetic fibers, sets.

           All styles fall within textile category 239, and are dutiable at
      17 percent ad valorem.

           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.

           Your samples will be returned, as requested, under separate
      cover.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division



















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