CLA-2 CO:R:C:T 089958 PR
John E. Brady, President
Bill White, Inc.
343 South Glasgow Avenue
Inglewood, CA. 90301
RE: Classification of a Two-Piece Baby's Pajama Set
Dear Mr. Brady:
This is in reply to your letter of July 23, 1991, on behalf
of Llama Imports, Inc., concerning the tariff classification of
a two-piece infant's apparel set. Our ruling on the matter
follows.
FACTS:
The submitted sample, style IS 16, made in Korea, is a
garment set, labeled size 12 months, which consists of a long
sleeve pullover and long pants. Both are made of the same
printed soft knit cotton fabric. The pullover has a two button
partial front opening which buttons left over right, sewn on rib
knit cuffs, a hemmed bottom, and capping around the neck opening.
The pants portion have an elasticized waist, sewn on rib knit
cuffs, and a triangular inserted piece in the crotch area, the
pointed end of which extends up to the rear almost to the
waistband.
While it is stated that the garments are "manufactured to
fit the body snugly and to allow the garment to be worn under
outer garments", our examination of the merchandise indicates
that the garments would be somewhat loose fitting--the pullover
measures approximately 10 inches across the bottom (seam to seam)
and 9-3/4 inches across the chest (seam to seam) while the hip
portion of the pants measures approximately 23 inches around and
each thigh measures approximately 12 inches around.
-2-
ISSUE:
The issues presented are the classification of the sample
merchandise and whether it must comply with the Consumer Product
Safety Commission's flammability standards for sleepwear.
LAW AND ANALYSIS:
Imported goods are classifiable according to the General
Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule
of the United States (HTSUSA). GRI 1 provides that for legal
purposes, classification shall be determined according to the
terms of the headings in the tariff and according to any
pertinent section or chapter notes. It appears that GRI 1
governs the classification of the subject merchandise.
Note 5, Chapter 61, HTSUSA, provides "that babies' garments"
means articles for young children of a body height not exceeding
86 centimeters and that articles which are, prima facie,
classifiable in both Heading 6111 and other headings of Chapter
61 are classifiable in Heading 6111. Customs has determined that
86 centimeters includes the commercial size range of 0 to 24
months (Customs Headquarters Ruling Letter (HRL) 081165, dated
October 27, 1987; HRL 082762, dated March 19, 1990).
Accordingly, the sample set is classifiable under the heading
which provides for babies' garments and clothing accessories.
Note 13, Section XI, HTSUSA, provides that unless "the
context otherwise requires, textile garments of different
headings are to be classified in their own headings even if put
up in sets for retail sale." However, since the two garments
comprising the subject pajamas are classifiable under the same
eight digit (legal) subheading, Note 13 is not applicable to this
merchandise.
The subject merchandise has been examined by the Senior
Compliance Officer in New York for the Consumer Product Safety
Commission (CPSC) and determined to be within CPSC's standards
for sleepwear.
HOLDING:
The submitted sample set is classifiable under the provision
for babies' cotton sets, in subheading 6111.20.6020, HTSUSA, with
duty, as a product of Korea, at the rate of 8.6 percent ad
valorem. The designated textile and apparel category applicable
to this merchandise is 239.
In view of the finding of the CPSC, the imported garments
will be required to comply the CPSC's flammability requirements
for sleepwear.
-3-
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) 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.
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
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.
Sincerely,
John Durant, Director
Commercial Rulings Division