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HQ 083613

May 1, 1989

CLA-2 CO:R:C:G 083613 CMR


TARIFF NO.: 6209.30.3040; 6209.3020

Thomas Keating, Esq.
Riggle, Keating & Craven
205 West Wacker Drive
Suite 2022
Chicago, Illinois 60606

RE: Classification of infants' snowsuits

Dear Mr. Keating:

This ruling is in response to your letter of January 25, 1989,on behalf of your client, Montgomery Ward Importing, Inc., requestingthe classification of two styles of infants' snowsuits and aninfants' pramsuit. A sample of each style was submitted for review.


Style 8503 is a one-piece pramsuit. Styles 8504 and 9661 aretwo-piece snowsuits consisting of jackets with identical fabric biboveralls. All garment shells are of 65 percent polyester and 35percent cotton woven fabric. The style 8504 hood lining is 65percent polyester and 35 percent cotton. The style 8503 and 9661hood linings are 100 percent nylon. All three styles have 100percent polyester padding.

Style 8503 has a hood with a drawstring closure, long sleeveswith button-on hand covers, a front zipper opening extending from theneck to the vicinity of the left ankle, long pants, a left insetpocket at the waist, a right chest inset pocket, button-on footcovers with applied fabric soles, and ribbing at the sleeve and anklecuffs.

The style 8504 jacket has a hood with a drawstring closure, longsleeves, a full front zipper opening, a textile flap covering theupper portion of the zipper, two pockets at the waist, and ribbing atthe sleeve cuffs and waistband. The bib overall has adjustable selffabric elasticized suspenders, zipper openings at the sides, a highrise front and back, and ribbing at the ankle cuffs.

The style 9661 jacket has a hood with a drawstring closure and azipper opening extending from the center front of the hood back tothree inches from the seam attaching the hood to the jacket. Thejacket also has long sleeves, a full front zipper opening, andribbing at the sleeve cuffs and waistband. The bib overall hasadjustable self fabric elasticized suspenders, a front zipperopening, an elasticized rear waistband, and ribbing at the anklecuffs.


Are styles 8503, 8504, and 9661 classifiable as babies' garmentsunder the HTSUSA?


To be classifiable as babies' garments, the submitted stylesmust meet the requirement set out in Note 4(a), Chapter 62, HTSUSA,which states that

For the purposes of heading 6209:

(a) The expression "babies garments and clothing accessories "means articles for young children of a body height not exceeding86 centimeters; it also covers babies' diapers

In Headquarters Letter of October 27, 1987, file #081165, toJames A. Babb, Chairman of the Committee for the Implementation ofTextile Agreements, Customs addressed the issue of how the 86centimeter height limitation would be interpreted and applied. Customs position at that time was that "of a height not exceeding 86centimeters" translated into the existing commercial size range of 0to 24 months. It was further stated that "where a size range of 0 to24 months realistically reflects the normal ages of the intendedwearers, such a size range will be accepted by Customs as meeting the86 centimeter criterion." Our position has not changed on thisissue.

These garments are sized for children 12, 18, and 24 months ofage. We believe the submitted samples are intended for children ofthese ages. Therefore, the garments submitted are classifiable asbabies' garments.

The button-on hand covers of style 8503 are viewed asaccessories to the garment. The pramsuit and the hand covers areclassifiable under subheading 6209.30.30, HTSUSA, which provides forbabies' garments and accessories of synthetic fibers. The footcovers are classifiable as other footwear under heading 6405, HTSUSA. Customs believes the pramsuit, hand covers, and foot covers are a setput up for retail sale within the requirements set forth in 01-3-

Explanatory Note (X) for General Rule of Interpretation (GRI) 3. TheExplanatory Notes to the HTSUS are the official explanation of theHTSUS at the international level.

GRI 3(b) directs that the goods put up in the set are to beclassified as if they consisted of the component which gives the setits essential character. Customs believes that the pramsuit givesthe set its essential character. The hand and foot covers areaccessories to the pramsuit.


Style 8504 and 9661 are classifiable in subheading 6209.30.3020,HTSUSA, as babies' garments of synthetic fibers, sets. The garmentsfall within textile category 239 and are dutiable at 17 percent advalorem.

The pramsuit and hand and foot covers are classifiable insubheading 6209.30.3040, HTSUSA, textile category 239, dutiable at 17percent ad valorem. This subheading provides for babies' garments ofsynthetic fibers, other, other, other.

Due to the changeable nature of the statistical annotation (theninth and tenth digits of the classification) and the restraint(quota/visa) categories, you should contact your local Customs officeprior to importation of this merchandise to determine the currentstatus of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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