HQ 083613: Classification of infants' snowsuits

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 083613

May 1, 1989


CLA-2 CO:R:C:G  083613  CMR

CATEGORY: Classification

TARIFF NO.: 6209.30.3040; 6209.3020

Thomas Keating, Esq.
Riggle, Keating & Craven
205 West Wacker Drive
Suite 2022
Chicago, Illinois  60606

RE: Classification of infants' snowsuits

Dear Mr. Keating:

     This ruling is in response to your letter of January 25,
1989,on behalf of your client, Montgomery Ward Importing, Inc.,
requestingthe classification of two styles of infants' snowsuits
and aninfants' pramsuit.  A sample of each style was submitted
for review.

FACTS:

     Style 8503 is a one-piece pramsuit.  Styles 8504 and 9661
aretwo-piece snowsuits consisting of jackets with identical
fabric biboveralls.  All garment shells are of 65 percent
polyester and 35percent cotton woven fabric.  The style 8504 hood
lining is 65percent polyester and 35 percent cotton.  The style
8503 and 9661hood linings are 100 percent nylon.  All three
styles have 100percent polyester padding.

     Style 8503 has a hood with a drawstring closure, long
sleeveswith button-on hand covers, a front zipper opening
extending from theneck to the vicinity of the left ankle, long
pants, a left insetpocket at the waist, a right chest inset
pocket, button-on footcovers with applied fabric soles, and
ribbing at the sleeve and anklecuffs.

     The style 8504 jacket has a hood with a drawstring closure,
longsleeves, a full front zipper opening, a textile flap covering
theupper portion of the zipper, two pockets at the waist, and
ribbing atthe sleeve cuffs and waistband.  The bib overall has
adjustable selffabric elasticized suspenders, zipper openings at
the sides, a highrise front and back, and ribbing at the ankle
cuffs.
 01-2-


     The style 9661 jacket has a hood with a drawstring closure
and azipper opening extending from the center front of the hood
back tothree inches from the seam attaching the hood to the
jacket.  Thejacket also has long sleeves, a full front zipper
opening, andribbing at the sleeve cuffs and waistband.  The bib
overall hasadjustable self fabric elasticized suspenders, a front
zipperopening, an elasticized rear waistband, and ribbing at the
anklecuffs.

ISSUE:

     Are styles 8503, 8504, and 9661 classifiable as babies'
garmentsunder the HTSUSA?

LAW AND ANALYSIS:

     To be classifiable as babies' garments, the submitted
stylesmust meet the requirement set out in Note 4(a), Chapter 62,
HTSUSA,which states that 

For the purposes of heading 6209:

(a) The expression "babies garments and clothing accessories     
"means articles for young children of a body height not
exceeding86 centimeters; it also covers babies' diapers


     In Headquarters Letter of October 27, 1987, file #081165,
toJames A. Babb, Chairman of the Committee for the Implementation
ofTextile Agreements, Customs addressed the issue of how the
86centimeter height limitation would be interpreted and applied.
Customs position at that time was that "of a height not exceeding
86centimeters" translated into the existing commercial size range
of 0to 24 months.  It was further stated that "where a size range
of 0 to24 months realistically reflects the normal ages of the
intendedwearers, such a size range will be accepted by Customs as
meeting the86 centimeter criterion."  Our position has not
changed on thisissue.

     These garments are sized for children 12, 18, and 24 months
ofage.  We believe the submitted samples are intended for
children ofthese ages.  Therefore, the garments submitted are
classifiable asbabies' garments.

     The button-on hand covers of style 8503 are viewed
asaccessories to the garment.  The pramsuit and the hand covers
areclassifiable under subheading 6209.30.30, HTSUSA, which
provides forbabies' garments and accessories of synthetic fibers. 
The footcovers are classifiable as other footwear under heading
6405, HTSUSA. Customs believes the pramsuit, hand covers, and
foot covers are a setput up for retail sale within the
requirements set forth in 01-3-


Explanatory Note (X) for General Rule of Interpretation (GRI) 3. 
TheExplanatory Notes to the HTSUS are the official explanation of
theHTSUS at the international level.

     GRI 3(b) directs that the goods put up in the set are to
beclassified as if they consisted of the component which gives
the setits essential character.  Customs believes that the
pramsuit givesthe set its essential character.  The hand and foot
covers areaccessories to the pramsuit.

HOLDING:

     Style 8504 and 9661 are classifiable in subheading
6209.30.3020,HTSUSA, as babies' garments of synthetic fibers,
sets.  The garmentsfall within textile category 239 and are
dutiable at 17 percent advalorem.

     The pramsuit and hand and foot covers are classifiable
insubheading 6209.30.3040, HTSUSA, textile category 239, dutiable
at 17percent ad valorem.  This subheading provides for babies'
garments ofsynthetic fibers, other, other, other.

     Due to the changeable nature of the statistical annotation
(theninth and tenth digits of the classification) and the
restraint(quota/visa) categories, you should contact your local
Customs officeprior to importation of this merchandise to
determine the currentstatus of any import restraints or
requirements.


                                Sincerely,



                                John Durant, Director
                                Commercial Rulings Division