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HQ 089958


November 18, 1991

CLA-2 CO:R:C:T 089958 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6020

John E. Brady, President
Bill White, Inc.
343 South Glasgow Avenue
Inglewood, CA. 90301

RE: Classification of a Two-Piece Baby's Pajama Set

Dear Mr. Brady:

This is in reply to your letter of July 23, 1991, on behalf of Llama Imports, Inc., concerning the tariff classification of a two-piece infant's apparel set. Our ruling on the matter follows.

FACTS:

The submitted sample, style IS 16, made in Korea, is a garment set, labeled size 12 months, which consists of a long sleeve pullover and long pants. Both are made of the same printed soft knit cotton fabric. The pullover has a two button partial front opening which buttons left over right, sewn on rib knit cuffs, a hemmed bottom, and capping around the neck opening. The pants portion have an elasticized waist, sewn on rib knit cuffs, and a triangular inserted piece in the crotch area, the pointed end of which extends up to the rear almost to the waistband.

While it is stated that the garments are "manufactured to fit the body snugly and to allow the garment to be worn under outer garments", our examination of the merchandise indicates that the garments would be somewhat loose fitting--the pullover measures approximately 10 inches across the bottom (seam to seam) and 9-3/4 inches across the chest (seam to seam) while the hip portion of the pants measures approximately 23 inches around and each thigh measures approximately 12 inches around.

ISSUE:

The issues presented are the classification of the sample merchandise and whether it must comply with the Consumer Product Safety Commission's flammability standards for sleepwear.

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule of the United States (HTSUSA). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes. It appears that GRI 1 governs the classification of the subject merchandise.

Note 5, Chapter 61, HTSUSA, provides "that babies' garments" means articles for young children of a body height not exceeding 86 centimeters and that articles which are, prima facie, classifiable in both Heading 6111 and other headings of Chapter 61 are classifiable in Heading 6111. Customs has determined that 86 centimeters includes the commercial size range of 0 to 24 months (Customs Headquarters Ruling Letter (HRL) 081165, dated October 27, 1987; HRL 082762, dated March 19, 1990). Accordingly, the sample set is classifiable under the heading which provides for babies' garments and clothing accessories.

Note 13, Section XI, HTSUSA, provides that unless "the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale." However, since the two garments comprising the subject pajamas are classifiable under the same eight digit (legal) subheading, Note 13 is not applicable to this merchandise.

The subject merchandise has been examined by the Senior Compliance Officer in New York for the Consumer Product Safety Commission (CPSC) and determined to be within CPSC's standards for sleepwear.

HOLDING:

The submitted sample set is classifiable under the provision for babies' cotton sets, in subheading 6111.20.6020, HTSUSA, with duty, as a product of Korea, at the rate of 8.6 percent ad valorem. The designated textile and apparel category applicable to this merchandise is 239.

In view of the finding of the CPSC, the imported garments will be required to comply the CPSC's flammability requirements for sleepwear.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) 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.

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.

Sincerely,

John Durant, Director

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