United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0082266 - HQ 0082524 > HQ 0082285

Previous Ruling Next Ruling



HQ 082285


February 15, 1990

CLA-2 CO:R:C:G 082285 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1050

Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, New York 10004

RE: Classification of children's snowsuit

Dear Ms. Cumins:

This is in response to your letter dated May 6, 1988, on behalf of Paramount Apparel, requesting the classification of children's snowsuits under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of children's snowsuits made of woven nylon fabric with polyester fill. Style 5860 is sized for girls sizes 2 to 4, style 6860 for girls sizes 4 to 6x and style 7860 for girls sizes 7 to 14. One sample was submitted. The garment has an elasticized waist, a front zipper extending from the crotch to the neck, a hood with a drawstring closure and a snap tab neck closure. It also has two front pockets with zipper closures, elasticized fabric at the ankles and elasticized fabric set into the ankle openings. Your letter indicates that you believe that the garment is classifiable under subheading 6210.50.1050, HTSUSA, or subheading 6211.20.1500, HTSUSA.

ISSUE:

Whether the garment at issue is classifiable under subheading 6210.50.1050, HTSUSA, or subheading 6211.20.1500, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 states that classification is determined according to the terms of the headings and any relative section or chapter notes. Heading 6210, HTSUSA, provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907. Heading 6211 provides for track suits, ski-suits and swimwear. Note 6, Chapter 62, states that ski-suits are garments or sets of garments which, by their general appearance and texture, are identifiable as intended to be worn principally for skiing (cross-country or alpine). The subject wearing apparel is a cold weather garment designed for general outdoor use. The construction of the garment does not support a finding that it is intended to be worn principally for skiing.

Heading 5903, HTSUSA, provides for textile fabrics impregnated, coated, covered or laminated with plastics. Note 2, Chapter 59, HTSUSA, provides that Heading 5903 applies to textile fabrics impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60). For the purpose of that section, no account should be taken of any resulting change of color. The coating on the garment at issue is distinguishable from the underlying filaments of yarn and is therefore considered coated for the purposes of classification under Heading 5903.

HOLDING:

The children's snowsuit at issue is classified under subheading 6210.50.1050, HTSUSA, as garments made up of fabrics of heading 5602, 5603, 5906 or 5907, other women's or girls' garments, of man-made fibers, other, other, with a duty rate of 7.6 percent ad valorem, and subject to textile category 659.

The designated textile and apparel category may be subdivided into parts. If so, 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 that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: