CLA-2 CO:R:C:G 083944 CMR

Mr. Stanley Oremland
Doe-Spun Inc.
Connelly Road
Emigsville, Pa. 17318

RE: Classification of various infants' sets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

Dear Mr. Oremland:

This ruling is in response to your letters of February 16-17, 1989, requesting the classification of various infants' sets under the HTSUSA.

FACTS

Six styles of infants' sets were submitted for review. The style numbers are 2801, 2817, 2864, 11502, 3861, and 2861. All items in the sets are made of 65 percent polyester, 35 percent cotton, interlock knit fabric. The components of each set are matched as to size, marketed as a unit, and color coordinated. The sets are sized for ages 3 to 9 months.

Style 2801 consists of a shirt, a pair of pants, and a pair of booties. The shirt has long sleeves, a three snap full-front opening, appliques, embroidery, and an overlay of fabric forming a half-inch strip around the bottom of the garment. Capping is stitched at the neck and front opening. A ribbon bow appears at the top of the front opening. The pants have an elasticized waistband and capping at the bottom. The booties have elasticized ankles, ribbon bows, piping at the seams, and applied fabric soles.

Style 2817 consists of a creeper and a pair of pants. The creeper has a partial three-button rear opening, an applique, embroidery, a ribbon bow, a snap crotch, and ribbing at the neck and sleeve cuffs. The pants have an elasticized waistband, two fabric band ruffles sewn across the rear, a ribbon, and ribbing at the ankle cuffs.

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Styles 2864, 11502, 3861, and 2861 consist of a long sleeve pullover and a pair of pants.

The style 2864 pullover has an applique, embroidery, a ribbon bow, capping with picot edging at the neck and bottom, and ribbing with picot edging at the sleeve cuffs. The pants have an elasticized waistband, ribbon bows, and capping with picot edging at the bottom.

The style 11502 pullover has an applique, capping at the neck, ribbing at the sleeve cuffs, and a hemmed bottom. The pants have an elasticized waistband and ribbing at the ankle cuffs.

The style 3861 and 2861 pullovers have appliques, embroidery, ribbon bows, capping at the neck, ribbing at the sleeve cuffs, and hemmed bottoms. The pants have elasticized waistbands and ribbing at the ankle cuffs.

ISSUE:

Are the submitted garments classifiable as infants' sets, and are the garments classifiable as underwear, nightwear, or playwear?

LAW AND ANALYSIS:

The submitted garments are imported, advertised, marketed, and sold as babies' playwear. They do not have characteristics generally affiliated with nightwear, such as loose fit and wide waistbands with the elastic uncovered on the inside. In addition, they do not appear to be intended for wear under other garments as underwear is. Upon examination of the garments, Customs is of the opinion that they are chiefly used as playwear.

The creeper of style 2817, pullovers of styles 2864, 11502, 3861, and 2861, and the pants of the aforementioned styles are classifiable in subheading 6111.30.50, HTSUSA, which provides for babies garments and clothing accessories, knitted or crocheted, of synthetic fibers, other. Since the garments are "imported together, of corresponding sizes and intended to be worn together by the same person," they meet the definition for "sets" in the Additional U.S. Note to Chapter 61, and are classifiable in the statistical provision for sets under subheading 6111.30.50, HTSUSA.

Style 2801 presents a somewhat different situation. While the shirt and pants are classifiable under subheading 6111.30.50, HTSUSA, the booties are classifiable as other footwear under heading 6405, HTSUSA. Customs believes the shirt, pants, and booties are a set put up for retail sale within the requirements set forth in Explanatory Note (X) for General Rule of Interpretation (GRI) 3. The Explanatory Notes to the HTSUS are the official explanation of the HTSUS at the international level.

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GRI 3(b) directs that the goods put up in the set are to be classified as if they consisted of the component which gives the set its essential character. Customs believes that the shirt and pants equally contribute to the essential character of the set. The booties are accessories to the outfit. Since the shirt and pants are classifiable in the same subheading, 6111.30.5030, HTSUSA, which provides for babies' garments and clothing accessories, knitted or crocheted, of synthetic fibers, imported as parts of sets, it is not necessary to choose one over the other in determining the essential character for classification purposes.

HOLDING:

The shirt, pants, and booties of style 2801 are classifiable in subheading 6111.30.5030, HTSUSA, as babies' garments and clothing accessories, knitted or crocheted, of synthetic fibers, imported as parts of a set.

The garments of styles 2817, 2864, 11502, 3861, and 2861 are classifiable in subheading 6111.30.5020, HTSUSA, which provides for babies' garments and clothing accessories, knitted or crocheted, of synthetic fibers, sets.

All styles fall within textile category 239, and are dutiable at 17 percent ad valorem.

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.

Your samples will be returned, as requested, under separate cover.


Sincerely,

John Durant, Director
Commercial Rulings Division

6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins