HQ 083468: Revocation of NYRL 832564 which classified infants' training pants from Taiwan

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 083468

                               September 25, 1989


      CLA-2 CO:R:C:G  083468  CMR

      CATEGORY: Classification

      TARIFF NO.: 6208.91.3020

      Ms. Saralee Antrim
      Carmichael International Service
      P.O. Box 54772, Terminal Annex
      Los Angeles, California  90054-0772

      RE: Revocation of NYRL 832564 which classified infants' training
          pants from Taiwan

      Dear Ms. Antrim:

           On November 30, 1988, the New York Customs office issued to you
      NYRL 832564 regarding the classification of infants' training pants
      from Taiwan.  The cotton, knit training pants were classified in
      subheading 6209.20.5050, HTSUSA, as babies' garments under the
      assumption they were intended for wear by young children of a body
      height not exceeding 86 centimeters.

           We understand that for reasons unrelated to the classification
      of the training pants, they will not be imported.  However, should
      circumstances change, we wish to inform you of a change in the
      classification of the training pants.  Since the issuance of NYRL
      832564, we have learned that the subject training pants are intended
      for wear by toddlers (young children of a body height exceeding 86
      centimeters), not babies as that term is defined in Chapter 62, Note
      4(a).  Therefore, the classification of the training pants in
      subheading 6209.20.5050, HTSUSA, in incorrect.

           Heading 6208, HTSUSA, provides for women's or girls' singlets
      and other undershirts, slips, petticoats, briefs, panties,
      nightdresses, pajamas, negligees, bathrobes, dressing gowns and
      similar articles.  We believe that the essential character of the
      training pants is derived from the absorbent woven fabric of the
      inner surface of the pants.  For this reason, the training pants are
      classifiable in Chapter 62.  The training pants are similar to briefs














                                       -2-


      and panties and, therefore, are properly classified under heading
      6208 in subheading 6208.91.3020, HTSUSA, which provides for girls'
      garments of heading 6208, other, of cotton, other.  The training
      pants fall within textile category 352 and are dutiable at 11.9
      percent ad valorem.

           This notice to you should be considered a revocation of NYRL
      832564 under 19 CFR 177.9(d)(1) (1989).  It is not to be applied
      retroactively to NYRL 832564 (19 CFR 177.9(d)(2) (1989)) and will
      not, therefore, affect the transaction for the importation of your
      merchandise under that ruling.  However, for the purposes of future
      transactions in merchandise of this type, NYRL 832564 will not be
      valid precedent.  We recognize that pending transactions may be
      adversely affected by this revocation, in that current contracts for
      importation arriving at a port subsequent to the release of HRL
      083468 will be classified under the new ruling.  If such a situation
      arises, you may, at your discretion, notify this office and apply for
      relief from the binding effects of the new ruling as may be dictated
      by the circumstances.

           The designated textile and apparel category may be subdivided
      into parts.  If so, the visa and quota requirements applicable to the
      subject merchandise may be affected.  Since part categories are the
      result of international bilateral agreements which are subject to
      frequent renegotiations and changes, to obtain the most current
      information available, we suggest you check, close to the time of
      shipment, the Status Report On Current Import Quotas (Restraint
      Levels), an internal issuance of the U.S. Customs Service, which is
      updated weekly and is available for inspection at your local Customs
      office.

           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.


                                           Sincerely,



                                           John Durant, Director
                                           Commercial Rulings Division

















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