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HQ 083468


September 25, 1989

CLA-2 CO:R:C:G 083468 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3020

Ms. Saralee Antrim
Carmichael International Service
P.O. Box 54772, Terminal Annex
Los Angeles, California 90054-0772

RE: Revocation of NYRL 832564 which classified infants' training pants from Taiwan

Dear Ms. Antrim:

On November 30, 1988, the New York Customs office issued to you NYRL 832564 regarding the classification of infants' training pants from Taiwan. The cotton, knit training pants were classified in subheading 6209.20.5050, HTSUSA, as babies' garments under the assumption they were intended for wear by young children of a body height not exceeding 86 centimeters.

We understand that for reasons unrelated to the classification of the training pants, they will not be imported. However, should circumstances change, we wish to inform you of a change in the classification of the training pants. Since the issuance of NYRL 832564, we have learned that the subject training pants are intended for wear by toddlers (young children of a body height exceeding 86 centimeters), not babies as that term is defined in Chapter 62, Note 4(a). Therefore, the classification of the training pants in subheading 6209.20.5050, HTSUSA, in incorrect.

Heading 6208, HTSUSA, provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles. We believe that the essential character of the training pants is derived from the absorbent woven fabric of the inner surface of the pants. For this reason, the training pants are classifiable in Chapter 62. The training pants are similar to briefs
and panties and, therefore, are properly classified under heading 6208 in subheading 6208.91.3020, HTSUSA, which provides for girls' garments of heading 6208, other, of cotton, other. The training pants fall within textile category 352 and are dutiable at 11.9 percent ad valorem.

This notice to you should be considered a revocation of NYRL 832564 under 19 CFR 177.9(d)(1) (1989). It is not to be applied retroactively to NYRL 832564 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 832564 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importation arriving at a port subsequent to the release of HRL 083468 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

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 internal 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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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