HQ 085298: Reconsideration of HQ 083685 issued March 2, 1989

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 085298

                        November 13, 1989

CLA-2 CO:R:C:G  085298 CB

CATEGORY:  Classification

TARIFF NO.:  6209.30.3030; 6209.20.5045

Mr. Al Dwek
Baby Togs, Inc.
P.O. Box 1666, G.P.O.
New York, New York  10116

RE:  Reconsideration of HQ 083685 issued March 2, 1989

Dear Mr. Dwek:

     This letter is in response to your letter of July 28, 1989,
requesting a reconsideration of Headquarters Ruling HQ 083685
issued on March 2, 1989, under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA).

FACTS:

     HQ 083685 was a reconsideration of NYRL 831857 and NYRL
831858 which involved the classification of an infant girls'
woven set.  The set subject to NYRL 831757 consisted of a shirt
of 65 percent polyester and 35 percent cotton, and a jumper of
100 percent cotton corduroy.  In NYRL 831858, the set consisted
of a 65 percent polyester and 35 percent cotton shirt, and a
footed overall of 100 percent cotton corduroy.  The shirts were
classified in subheading 6209.30.3030. HTSUSA, which provides for
babies' garments and clothing accessories, of synthetic
fibers,other, other, imported as parts of sets.  The jumper and
footed overall were classified in 6209.20.5045, HTSUSA, which
provides for babies' garments and clothing accessories, of
cotton, other, other, other, imported as parts of sets.  HQ
083685 affirmed both rulings.

     In your letter of July 28, 1989, you state that the ruling
was in error based on the fact that the garments are not normally
sold separately.  And, that based on GRI 3(b), composite goods
that are not normally sold separately are classifiable according
to the component which gives the goods its essential character.

ISSUE:

     Whether the subject garments were correctly classified under
HRL 083685?


                               -2-


LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  Therefore, GRI 3 does not become applicable
until such time as a good cannot be classified under GRI 1 or GRI
2.  GRI 1 provides that classification shall be determined
according to the terms of the headings of the tariff and any
relevant section or chapter notes, provided such headings or
Notes do not otherwise require.(emphasis added)  In other words,
GRI 1 provides that the Section and Chapter Notes are
controlling, i.e., they are the first consideration in
determining classification.

     In applying GRI 1 to the subject rulings, classification of
the garments is governed by the Notes to Section XI and Chapter
62.  Note 13, Section XI, governs the classification of the
subject garments.  The Note states that textile garments of
different headings are to be classified in their own headings
even if sold as sets.  The shirts and bottoms subject to HQ
083685 were classifiable separately because they fell under
separate subheadings.

HOLDING:

     We affirm the holding in HQ 083685 issued March 2, 1989.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division