CLA-2 CO:R:C:G 082762 JS
Ms. Kerry Fishman
Elkay Industries Inc.
2 Penn Plaza
New York, N.Y. 10121
RE: Child's Two-Piece Snowsuit
Dear Ms. Fishman:
This is in response to your letter of September 1, 1988,
requesting reconsideration of a ruling, NYRL 829489, dated July
8,1988, issued by our Area Director, New York Seaport.
FACTS:
The submitted sample, style 6J055, is an infant's two-piece
snowsuit consisting of a bib overall and a hooded jacket. The
woven jacket has a full front zipper opening and a drawstring
closure at the waist and at the hood. It also has front pockets
with velcro closures and elasticized sleeve cuffs. The jacket
has an imitation fleece-lined collar and is ornamented with
military style patches on the left front and sleeve. The
snowpant is a woven bib overall with adjustable self-fabric
elasticized suspenders, a front zipper opening and a back panel
to which the suspenders are attached. The article has an
elasticized rear waist and elasticized tightening elements at the
ankle cuffs. Both garment shells are 65 percent polyester, 35
percent cotton. The linings are nylon, and the fill is
polyester. The sets will be imported in infants' sizes 12 to 24
months. The sample submitted is size eighteen months.
ISSUE:
What is the appropriate standard for body height used in
classification of babies' garments under the HTSUSA?
LAW AND ANALYSIS:
For the purposes of this classification, we will assume that
the garment outlined above is style number 6J055, although no
such marking is indicated anywhere on the two-piece sample
submitted for reconsideration. Also, we note that this sample is
different in style from the two-piece sample submitted with the
original ruling request, which was marked as style number 5J055.
Your letters have referred to style number 6J055 in each case
despite these discrepancies.
Addressing the issue of height, Chapter 62, note 4(a)
states the following:
For the purposes of heading 6209:
(a) The expression "babies' garments and clothing
accessories" means articles for young children of a body height
not exceeding 86 centimeters; it also covers babies' diapers.
In Headquarters Letter of October 27, 1987, file #081165, to
James A. Babb, Chairman of the Committee for the Implementation
of Textile Agreements, Customs addressed the issue of how the 86
centimeter height limitation would be interpreted and applied.
The Customs position at that time was that "of a height not
exceeding 86 centimeters" translated into the existing commercial
size range of 0 to 24 months. It was further stated that "where
a size range of 0 to 24 months realistically reflects the normal
ages of the intended wearers, such a size range will be accepted
by Customs as meeting the 86 centimeter criterion." Our position
has not changed on this issue. Accordingly, NYRL 829489 remains
binding as to the classification of such items.
HOLDING:
The submitted samples are sized for children 18 months of
age. A garment sized 18 months is for an infant of a height not
exceeding 86 centimeters. We believe, therefore, that the item
style number 6J055 is classifiable in subheading 6209.30.3020,
HTSUSA, which provides for babies' garments and clothing
accessories, of synthetic fibers, other, sets, textile category
239, and dutiable at the rate of 17 percent ad valorem.
If the garment in issue is sized for a child of a height
exceeding 86 centimeters, then it is not considered a set, and
the jacket and bib overall will be classified separately as
follows:
The applicable subheading for the jacket, if imported for
young children of a body height exceeding 86 centimeters, will be
6202.93.5020, which provides for women's or girls' overcoats,
carcoats, capes, cloaks, anoraks (including ski-jackets),
windbreakers and similar articles (including padded, sleeveless
jackets), other than those of heading 6204, anoraks
(including ski-jackets), windbreakers and similar articles
(including padded, sleeveless jackets), of man-made fibers,
other, other, other, other, girls'. The textile category is 635
and the rate of duty will be 29.5 percent ad valorem.
The applicable heading for the bib overall, if imported for
young children of a body height exceeding eighty-six centimeters,
will be 6204.63.1505, which provides for women's or girls'
suits, ensembles, suit-type jackets, blazers, dresses, skirts,
divided skirts, trousers, bib and brace overalls, breeches and
shorts, trousers, bib and brace overalls, breeches and shorts, of
synthetic fibers, other, bib and brace overalls, other,
insulated, for cold weather protection, textile category 659,
dutiable at the rate of 17 percent ad valorem.
The designated textile and apparel category may be subdivided
into parts. If so, the visa and quota category 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 issuance
of the U.S. Customs Service, which is updated weekly and is
available 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 the importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division