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HQ 952373

January 27, 1993

CLA-2; CO:R:C:T 952373 ch


TARIFF NO.: 6211.43.0030

Mona Webster
Target Stores
33 South Sixth Street
P.O. Box 1392
Minneapolis, MN 55440-1392

RE: Modification of DD 875379; classification of women's playsuit from India; 67 percent rayon/33 percent woven cotton fabric; 6211.43.0030 (man-made fibers), not 6211.42.0025 (cotton).

Dear Ms. Webster:

DD 875379, dated June 23, 1992, concerned the classification of a women's playsuit from India under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have had occasion to review this ruling and find that the classification of said merchandise under subheading 6211.42.0025, HTSUSA, is in error.


The merchandise at issue, style R01, is a women's playsuit which is manufactured from 67 percent rayon and 33 percent woven cotton fabric. The garment is sleeveless and features a V-neck, a partial front opening secured by five buttons, a sewn on tie at the waist and very full self hemmed leg openings.

In DD 875379, this article was classified under subheading 6211.42.0025.


Whether the subject merchandise is properly classified under subheading 6211.42.0025, HTSUSA, or 6211.43.0030, HTSUSA?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied in order.

Section XI, Subheading Note 2(A), provides that:

Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.

A women's woven playsuit is properly classified in Chapter 62. As the subject merchandise consists of two textile materials, we must look to Section XI, Note 2, for guidance.

Section XI, Note 2(A), provides, in part, that:

Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

The subject article is composed of 67 percent rayon and 33 percent cotton. Rayon and cotton are fibers classifiable in chapters 50 to 55. In this case, rayon, a man-made fiber, predominates by weight in the subject playsuit. Hence, this article is to be classified as if it consists wholly of man-made fibers.

DD 875379 classified the merchandise in subheading 6211.42.0025, which provides for women's playsuits, of cotton. As stated above, this item should be classified in the subheading that provides for women's playsuits, of man-made fibers. Accordingly, the proper classification of the subject merchandise is 6211.43.0030.


The subject merchandise is classifiable under subheading 6211.43.0030, HTSUSA, which provides for other women's garments, of man-made fibers, washsuits, sunsuits, one-piece playsuits and similar apparel. The applicable rate of duty is 17 percent ad valorem. The textile quota category is 237.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying DD 875379 to reflect the above classification effective with the date of this letter. However, if after your review you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of this letter.

This notice to you should be considered a modification of DD 875379 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to DD 875379 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, DD 875379 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.


John Durant, Director

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