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HQ 082085

October 26, 1989

CLA-2 CO:R:C:G 082085 CRS


TARIFF NO.: 6104.63.2015, 6110.30.3005

Mr. Albert Solano
Sanroy Corp.
1350 Broadway
New York, NY 10018

RE: Girls' Two Piece Playsuit

Dear Mr. Solano:

This is further to your request for a tariff classification ruling dated January 7, 1987. In New York Ruling Letter 827481 dated February 16, 1988, Customs ruled on the classification of the subject merchandise under the Tariff Schedules of the United States (TSUS). Your request for a ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) was referred to this office and is addressed below.


The article in question is a girl's two piece playsuit, style #8220, imported in sizes 4-6X from Hong Hong and consisting of a long sleeve knit pullover and suspender pants. The pullover has a rib knit collar and cuffs. The pants also have rib knit cuffs and both the pants and pullover are ornamented by embroidery and applique work. The pants come with elasticized suspenders which are sewn to the rear waistband and attached to the front by means of metal clasps. The suspenders are further secured by the means of shoulder straps on the pullover. The playsuit is made of 65 percent polyester and 35 percent cotton.


Whether the playsuit should be classified as an ensemble of heading 6104, HTSUSA, or separately according to its component parts?


The General Rules of Interpretation (GRI) govern classification under the HTSUSA. GRI 1 provides that the classification of articles is to be determined according to the terms of the headings and any relevant section or chapter notes.

Chapter 61, HTSUSA, applies to made up knitted or crocheted articles. The playsuit is a knit article and is therefore included within Chapter 61, HTSUSA. The questions arises, however, as to whether the playsuit is an ensemble within the meaning of heading 6104, HTSUSA, or whether the pullover and pants which comprise the playsuit should be classified separately within Chapter 61.

Note 3(b) to Chapter 61 defines the term "ensemble" for the purposes of the HTSUSA. It states in relevant part that "ensemble"
means a set of garments (other than suits and articles of heading 6107, 6108 or 6109), composed of several pieces made up in identical fabric, put up for retail sale.... All of the components of an ensemble must be of the same fabric construction, style, colour and composition; they must also be of corresponding or compatible size.

The article in question is a set composed of a top and bottom made up in the same 65 percent polyester, 35 percent cotton knit fabric. In this regard the top and bottom are identical. Nevertheless, there exist certain notable differences between the pants and pullover.

First, the suspenders are made of elasticized material and are attached only to the pants, consequently, the two pieces which compose the article cannot be considered to be made up in identical fabric. Second, the embroidery and applique work on the pullover represents a panda bear with balloons while that of the pants represents bear paws. Third, the pullover has a white contrasting collar while the pants are solid blue. Accordingly, differences in colour and style separate the top of the garment from the bottom, and thus for tariff purposes, the pants and pullover must be classified separately.


The playsuit pants are classified under subheading 6104.63.2015, HTSUSA, as women's or girls' suits, ensembles... trousers...knitted or crocheted; trousers...and shorts; of synthetic fibers; other; other; trousers and breeches; girls'; imported as part of playsuits. The textile category is 237 and the pants are dutiable at a rate of 30 percent ad valorem.

The pullover is classified under subheading 6110.30.3005, HTSUSA, as sweaters, pullovers...and similar articles, knitted or crocheted; of man-made fibers; other; other; other; boys' and girls' garments imported as part of playsuits. The textile category is 237 and the pullover is dutiable at a rate of 34.2 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the quota/visa) categories, you should contact your local Customs office prior to importation to determine the current status of import restraints and 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 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.


John Durant, Director
Commercial Operations Division

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