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HQ 087063

June 19, 1990

CLA-2 CO:R:C:G 087063 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.1030

Ms. Doreen Wai
Hong Kong Economic & Trade Affairs
British Embassy 1233 20th Street, N.W.
Suite 504
Washington, D.C. 20036

RE: Infant's Knit Overalls

Dear Ms. Wai:

This is in reference to your letter of April 17, 1990, on behalf of Gymboree Corp., requesting classification of an infant's knit cotton overall under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA").

FACTS:

The sample at issue is a unisex infant's knit overall constructed of 65% polyester and 35% cotton. It has a front and back bib which extends approximately five inches above the natural waistline. The shoulder straps have two snap closures each which makes them adjustable. There is a front bib pocket and stretch material of a different color to reinforce the area of the knees. The size of the garment is for children ages 4-6 years.

The sample will be returned under separate cover as requested.

ISSUE:

Whether the merchandise at issue is considered a bib or brace overall, or a playsuit, sunsuit, romper, etc. for purposes of classification under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6104, HTSUSA, provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted. The Explanatory Notes ("EN"), the official interpretation of the HTSUSA at the international level, state that the provisions of the Explanatory Note to heading 61.03 apply mutatis mutandis to the articles of this heading (heading 61.04). EN 61.03 (E) states that "bib and brace overalls" means garments of the type illustrated in figures 1 to 5 and similar garments which do not cover the knee. The merchandise at issue is substantially similar to that which is depicted in figure 3; it is constructed with long pants legs which extend to form a front and back bib rising above the natural waistline, with connecting shoulder straps and a pocket on the front bib. The tapered style of the shoulder straps and the lack of side and back pockets on the pants portion of the sample does not significantly distinguish the present merchandise from EN 61.03 (E) figure 3 such as to exclude classification under heading 6104, HTSUSA.

Consideration of this merchandise under heading 6114, HTSUSA, which provides for other garments, knitted or crocheted, is thus precluded by GRI 1, which requires that the terms of the headings be given primary weight for purposes of classification. Since the terms of heading 6104 specifically include the merchandise at issue, it is inappropriate to continue consideration of subsequent headings and subheadings.

HOLDING:

The merchandise at issue is classified under subheading 6104.63.1030, HTSUSA, which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: bib and brace overalls, other: girls', textile category 237, dutiable at a rate of 17 percent ad valorem.

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 the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an 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 Operations Division

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