CLA-2 CO:R:C:G 087063 JS
Ms. Doreen Wai
Hong Kong Economic & Trade Affairs
British Embassy 1233 20th Street, N.W.
Suite 504
Washington, D.C. 20036
RE: Infant's Knit Overalls
Dear Ms. Wai:
This is in reference to your letter of April 17, 1990, on
behalf of Gymboree Corp., requesting classification of an
infant's knit cotton overall under the Harmonized Tariff
Schedule of the United States Annotated ("HTSUSA").
FACTS:
The sample at issue is a unisex infant's knit overall
constructed of 65% polyester and 35% cotton. It has a front and
back bib which extends approximately five inches above the
natural waistline. The shoulder straps have two snap closures
each which makes them adjustable. There is a front bib pocket
and stretch material of a different color to reinforce the area
of the knees. The size of the garment is for children ages 4-6
years.
The sample will be returned under separate cover as
requested.
ISSUE:
Whether the merchandise at issue is considered a bib or
brace overall, or a playsuit, sunsuit, romper, etc. for purposes
of classification under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.
Heading 6104, HTSUSA, provides for women's or girls' suits,
ensembles, suit-type jackets, blazers, dresses, skirts, divided
skirts, trousers, bib and brace overalls, breeches and shorts
(other than swimwear), knitted or crocheted. The Explanatory
Notes ("EN"), the official interpretation of the HTSUSA at the
international level, state that the provisions of the Explanatory
Note to heading 61.03 apply mutatis mutandis to the articles of
this heading (heading 61.04). EN 61.03 (E) states that "bib and
brace overalls" means garments of the type illustrated in figures
1 to 5 and similar garments which do not cover the knee. The
merchandise at issue is substantially similar to that which is
depicted in figure 3; it is constructed with long pants legs
which extend to form a front and back bib rising above the
natural waistline, with connecting shoulder straps and a pocket
on the front bib. The tapered style of the shoulder straps and
the lack of side and back pockets on the pants portion of the
sample does not significantly distinguish the present merchandise
from EN 61.03 (E) figure 3 such as to exclude classification
under heading 6104, HTSUSA.
Consideration of this merchandise under heading 6114,
HTSUSA, which provides for other garments, knitted or crocheted,
is thus precluded by GRI 1, which requires that the terms of the
headings be given primary weight for purposes of classification.
Since the terms of heading 6104 specifically include the
merchandise at issue, it is inappropriate to continue
consideration of subsequent headings and subheadings.
HOLDING:
The merchandise at issue is classified under subheading
6104.63.1030, HTSUSA, which provides for women's or girls' suits,
ensembles, suit-type jackets, blazers, dresses, skirts, divided
breeches and shorts (other than swimwear), knitted or crocheted:
trousers, bib and brace overalls, breeches and shorts: of
synthetic fibers: bib and brace overalls, other: girls', textile
category 237, dutiable at a rate of 17 percent ad valorem.
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 the time of shipment, the Status Report
on Current Import Quotas (Restraint Levels), an 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 Operations Division