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HQ 087340

September 19, 1990

CLA-2 CO:R:C:G 087340 JS


TARIFF NO.: 6203.42.2025, 6205.20.2070

Richard M. Wortman
Grunfeld, Desiderio,
Lebowitz & Silverman
12 East 49th Street
New York, NY 10017

RE: Request for reconsideration; classification of boys' playsuit, DD 850765 modified

Dear Mr. Wortman:

This is in reference to your letter of May 21, 1990, on behalf of M. Hidary and Company, Inc., requesting reconsideration, in part, of DD 850765 (April 20, 2990) regarding a boys' playsuit. A sample of style no. 3852 was submitted for our inspection.


The merchandise at issue is a boys' playsuit, comprised of a shirt and a bib shortall, size 3T. The shirt has a button down front, a traditional shirt collar and short sleeves with a fabric loop attached to each shoulder. The shoulder straps of the shortall are thus secured in place when they are passed through the loops. The collar, and a 1 inch border on each sleeve, is made of the same fabric as the shortall (which is 100 percent woven cotton, and of a relatively heavier weight than the woven shirt material, which contains polyester fibers).

The shortall has a slight bib rise in the rear, and a front bib rise which is decorated by an appliqued tug boat. The two bibs are connected by shoulder straps which are sewn into the rear bib and attach to the front bib with metal buckles. The two slash pockets in front expand outward, displaying material of a contrasting color in the folds. Snap closures on either side of the waist provide a secure fit. The shortall is primarily red, with blue piping along some edges; a red and yellow trade patch
is sewn onto the left pocket; as previously noted, the blue, green and yellow fabric which appears on the bib is repeated in the trimming of the shirt. You state in your letter of May 21, 1990, that this merchandise is designed, marketed and sold as a playsuit.


What is the appropriate classification of the garments at issue under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA").


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation ("GRI"), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6203, HTSUSA, provides for, inter alia, men's or boys' trousers, bib and brace overalls, breeches and shorts (other than swimwear). The Explanatory Notes ("EN"), the official interpretation of the HTSUSA at the international level, state that the provisions of the Explanatory Note to heading 61.03 apply mutatis mutandis to the articles of this heading (heading 6203). EN 61.03 (E) states that "bib and brace overalls" means garments of the type illustrated in figures 1 to 5 and similar garments which do not cover the knee. The merchandise at issue is substantially similar to that which is depicted in figure 3; it is constructed with pants legs (which in this case, do not cover the knee) which extend to form a front and back bib rising above the natural waistline, with connecting shoulder straps. The appliqued figure on the front bib as well as the relatively low rise of the back bib of the sample does not significantly distinguish the present merchandise from EN 61.03 (E) figure 3 such as to exclude classification under heading 6203, HTSUSA.

Heading 6205, HTSUSA, provides for men's and boys' shirts. EN 62.05 states that the heading covers shirts not knitted or crocheted for men or boys including shirts with detachable collars, dress shirts, sports shirts and leisure shirts. The garment at issue is woven and has the appearance of a sport or leisure shirt for boys, which makes classification within heading 6205 appropriate under the circumstances.

Section XI Note 13 of the HTSUSA directs that "unless otherwise required, textile garments of different headings are to be classified in their own headings even if put up for retail
sale." Therefore, classification of the shortall and shirt is proper under headings 6203 and 6205, respectively. Furthermore, at the statistical subheading level, classification of each of these garments as "imported as parts of playsuits," rather than "other," is appropriate. The coordinated colors, fabric and structure of each piece is indicative of the manufacturer's intent that these garments be worn together as a playsuit. The shoulder straps and coordinated shoulder loops provide a more secure fit when the child wears these garments; as a means of attaching the two garments, they are also evidence of their intended use together. The identical fabric, and colors, found on the shortall are repeated on the collar and cuffs of the shirt. These factors, in addition to the stated importation of the shirts and shortalls together for sale as playsuits, are sufficient to consider these items "parts of playsuits" at the subheading level.


Pursuant to 19 CFR 177.(d), DD 850765 is modified in the following respect. The boys' shortall is classified under subheading 6203.42.2025, HTSUSA, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts, of cotton: other: bib and brace overalls, other: boys', sizes 2-7: imported as parts of playsuits, textile category 237, and dutiable at the rate of 11 percent ad valorem.

The matching shirt is classified in subheading 6205.20.2070, HTSUSA, which provides for men's or boys' shirts: of cotton: other, other: other: other: boys': imported as parts of playsuits, textile category 237, and dutiable at the rate of 21 percent ad valorem.

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 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.

DD 850765 is modified accordingly pursuant to 19 CFR 177.9(d).


John Durant, Director
Commercial Operations Division

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