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HQ 083494


March 28, 1989

CLA-2 CO:R:C:G 083494 CMR 835414

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3010

Ms. Lorraine Dugan
Associated Merchandising Corporation
50 Terminal Road
Secaucus, New Jersey 07094

RE: Classification of certain infants' garments

Dear Ms. Dugan:

This ruling is in response to your letter of January 4, 1989, requesting the classification of creeper sets.

FACTS:

Three styles of creeper sets, 2302, 2321, and 2322, have been submitted for review. All three styles consist of a creeper, a bib, and a pair of booties. All items are made of 65 percent polyester and 35 percent cotton woven fabric, and are manufactured in the Philippines by J. R. Garments. The articles of each set are made of identical fabric, coordinated as to theme and design, matched as to size, and marketed and sold as a unit.

Each creeper of styles 2322 and 2302 has a pointed collar, two- button partial rear opening and hemmed short sleeves. They have embroidery and applique work on the front yoke, a snap crotch, and elasticized leg openings.

The style 2321 creeper has a double collar with embroidery, applique work and scalloped edging. The creeper body has shirring and smocking on the front yoke, a two-button partial rear opening, elasticized, puffed, short sleeves, a snap crotch, and elasticized leg openings.

The bibs for all three styles have embroidery, applique work, scalloped edging, and button closures at the back of the neck. The booties have embroidery and applique work on the toe uppers, scal- loped edging at the back ankles and tie closures at the front ankles. They also have separate applied fabric soles.

Styles 2302, 2321, and 2322 will be sized for babies of a height not exceeding 86 centimeters.

ISSUE:

Are the creepers, bibs, and booties, of styles 2302, 2321, and 2322, classifiable as sets under heading 6209, HTSUSA, which provides for babies' garments and accessories?

LAW AND ANALYSIS:

Customs believes the creepers, bibs, and booties are sets put up for retail sale. Each set consists of at least two different articles that are classifiable in different headings. If imported separately, the creepers and bibs would be classifiable under subheading 6209.30, HTSUSA, which provides for babies' garments and clothing accessories of synthetic fibers. The booties would be classifiable as other footwear under heading 6405, HTSUSA. Additionally, the articles are put together to meet a particular need (in this case, clothe an infant), and are put up in a manner suitable for sale directly to the consumer. Accordingly, the articles meet the requirements for "goods put up in sets for retail sale" 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.

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 creepers deter- mine the essential character of each set. The bibs and booties are accessories to the creepers. Therefore, they are classifiable with the creepers under subheading 6209.30.3010, HTSUSA.

HOLDING:

Styles 2302, 2321, and 2322 are classifiable under subheading 6209.30.3010, HTSUSA, which provides for sunsuits, washsuits and similar apparel of synthetic fibers, not knitted or crocheted. They presently fall under textile category 239 and, if manufactured in the Philippines, 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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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