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HQ 082762

March 19, 1990

CLA-2 CO:R:C:G 082762 JS


TARIFF NO.: 6209.30.3020

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.


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.


What is the appropriate standard for body height used in classification of babies' garments under the HTSUSA?


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.


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.


John Durant, Director
Commercial Rulings Division

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