CLA-2 CO:R:C:G 082285 DRR
Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, New York 10004
Re: Classification of children's snowsuit
Dear Ms. Cumins:
This is in response to your letter dated May 6, 1988, on
behalf of Paramount Apparel, requesting the classification of
children's snowsuits under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA).
FACTS:
The merchandise at issue consists of children's snowsuits
made of woven nylon fabric with polyester fill. Style 5860 is
sized for girls sizes 2 to 4, style 6860 for girls sizes 4 to
6x and style 7860 for girls sizes 7 to 14. One sample was
submitted. The garment has an elasticized waist, a front
zipper extending from the crotch to the neck, a hood with a
drawstring closure and a snap tab neck closure. It also has
two front pockets with zipper closures, elasticized fabric at
the ankles and elasticized fabric set into the ankle openings.
Your letter indicates that you believe that the garment is
classifiable under subheading 6210.50.1050, HTSUSA, or
subheading 6211.20.1500, HTSUSA.
ISSUE:
Whether the garment at issue is classifiable under
subheading 6210.50.1050, HTSUSA, or subheading 6211.20.1500,
HTSUSA.
-2-
LAW AND ANALYSIS:
Classification of merchandise is in accordance with the
General Rules of Interpretation (GRI), taken in order. GRI 1
states that classification is determined according to the terms
of the headings and any relative section or chapter notes.
Heading 6210, HTSUSA, provides for garments, made up of fabrics
of heading 5602, 5603, 5903, 5906 or 5907. Heading 6211
provides for track suits, ski-suits and swimwear. Note 6,
Chapter 62, states that ski-suits are garments or sets of
garments which, by their general appearance and texture, are
identifiable as intended to be worn principally for skiing
(cross-country or alpine). The subject wearing apparel is a
cold weather garment designed for general outdoor use. The
construction of the garment does not support a finding that it
is intended to be worn principally for skiing.
Heading 5903, HTSUSA, provides for textile fabrics
impregnated, coated, covered or laminated with plastics. Note
2, Chapter 59, HTSUSA, provides that Heading 5903 applies to
textile fabrics impregnated, coated, covered or laminated with
plastics, whatever the weight per square meter and whatever the
nature of the plastic material (compact or cellular), other
than fabrics in which the impregnation, coating or covering
cannot be seen with the naked eye (usually chapters 50 to 55,
58 or 60). For the purpose of that section, no account should
be taken of any resulting change of color. The coating on the
garment at issue is distinguishable from the underlying
filaments of yarn and is therefore considered coated for the
purposes of classification under Heading 5903.
HOLDING:
The children's snowsuit at issue is classified under
subheading 6210.50.1050, HTSUSA, as garments made up of fabrics
of heading 5602, 5603, 5906 or 5907, other women's or girls'
garments, of man-made fibers, other, other, with a duty rate of
7.6 percent ad valorem, and subject to textile category 659.
The designated textile and apparel category may be
subdivided into parts. If so, 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
-3-
changes, to obtain the most current information available, we
suggest that 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
available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, 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
6 cc: Area Dir., N.Y. Seaport
D. Rimmer library/peh
082285