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