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HQ 953068


June 8, 1993

CLA-2 CO:R:C:T 953068 CMR

CATEGORY: CLASSIFICATION

TARIFF NO: 6211.42.0025

Margarete E. Bronhard
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, New York 10004

RE: Classification of certain girls' rompers with ties; composite goods v. sets

Dear Ms. Bronhard:

This ruling is in response to your submission of December 7, 1992, on behalf of your client, Andover Imports, Inc., requesting the tariff classification of two styles of girls' rompers with ties. The garments will be imported from Korea or the Philippines.

FACTS:

Style 7A4701/7A7701 is a girls' romper constructed of 100 percent cotton woven fabric. The one-piece garment extends from the shoulders to slightly above the knees and is joined between the legs. The upper portion of the garment has the appearance of a white dress shirt and features a pointed collar, three-quarter length sleeves and a front opening extending from the collar to the waist. The opening is secured by four white buttons. Two plaid print panels of a different woven cotton fabric are attached to the upper portion of the garment at the shoulders and side seams just under the sleeves. These panels are joined together by three buttons thus giving the appearance of a button-down vest. The lower portion of the garment has the appearance of baggy shorts and is constructed of black woven cotton fabric. The upper and lower portions of the garment are sewn together at the waistline which is slightly elasticized. The garment is sold with a black and white hounds tooth tie. The tie is attached to a thin piece of elastic for easy wear and fits directly under the collar

Style 7A4703/7A7703 is a girls' romper constructed of 100 percent cotton woven fabric. The one-piece garment extends from the shoulders to slightly above the knees and is joined between the legs. The upper portion of the garment has the appearance of a pink dress shirt and features a pointed collar, three-quarter length sleeves and a front opening extending from the collar to the waist. The opening is secured by four pink buttons. Two floral print panels of a different woven cotton fabric are attached to the upper portion of the garment at the shoulders and side seams just under the sleeves. These panels are joined together by three buttons thus giving the appearance of a button-down vest. The lower portion of the garment has the appearance of baggy shorts and is constructed of blue denim cotton fabric. The upper and lower portions of the garment are sewn together at the waistline which is slightly elasticized. The garment is sold with a floral print bow tie which is of the same fabric as the mock vest panels. The tie is attached to a thin piece of elastic for easy wear and fits directly under the collar.

Styles 7A4701 and 7A4703 are imported in sizes 4-6x and styles 7A7701 and 7A7703 are imported in sizes 7-14.

ISSUE:

Are styles 7A4701/7A7701 and 7A4703/7A7703, rompers with ties, classifiable as composite goods or as sets?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

The woven cotton rompers are classifiable in subheading 6211.42.0025, HTSUSA, which provides for washsuits, sunsuits, one- piece playsuits and similar apparel. This classification is not in dispute. The issue is how to classify the accompanying ties.

General Rule of Interpretation 3(b) is applicable in this situation. It provides that:

Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. -3-

However, before applying GRI 3(b), we must determine if the romper and tie combinations are composite goods or goods put up in sets. While this distinction will not affect the essential character determination, it will affect the quota/visa requirements for the goods.

The Explanatory Notes to the Harmonized Commodity Description and Coding System defines composites goods made up of different components as:
not only those in which the components are attached to each other to form a practically inseparable whole but also those with separable components, provided these components are adapted one to the other and are mutually complementary and that together they form a whole which would not normally be offered for sale in separate parts.

In regard to goods put up in sets for retail sale, the Explanatory Notes defines sets as goods which:

(a) consist of at least two different articles which are, prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking.

The rompers and ties are separable components. Therefore, to be considered composite goods, they must be (1) adapted one to the other, (2) be mutually complementary, and (3) form a whole which would not normally be offered for sale in separate parts.

The rompers and ties are designed to be worn together and are mutually complementary, however, this is generally also true for garments and accessories which are sets. We do not find that the ties and rompers are specially adapted one to the other or that they would not normally be offered for sale in separate parts. Based upon the expertise of the National Import Specialist for children's wear and the information this office has received from him, it is our belief that ties such as those which accompany the rompers at issue, are sold as separate accessory items.

We did receive a supplemental affidavit from your firm. The affidavit was a statement by an associate of your firm regarding checking she had done at area stores in regard to tie accessories for boys. The National Import Specialist (NIS) for children's -4-
wear has reviewed the affidavit. After discussing the matter with the NIS, this office remains of the belief these ties are of a type available separately as accessory items.

In addition, HRL 083319 of April 26, 1989, which you cite in your submission, is distinguishable from the goods at issue herein. In ruling that the blouse and tie at issue therein were considered composite goods, it was stated that the articles would not normally be offered for sale in separate parts and that the tie had no practical commercial reality or value apart from the blouse. As to HRL 084325 of July 11, 1989, which involved the classification of a blouse and "scarf" as composite goods, it is clearly stated in the ruling letter that the "scarf" was "in actuality, not a scarf, but a piece of triangular shaped fabric which [was] intended for use only with the matching blouse." The same cannot be said of the ties which accompany the rompers. They are truly ties with separate commercial identities and easily susceptible to wear with other garments. This is particularly true of the hounds tooth tie. Therefore, the rompers and ties more properly fall within the definition of sets, i.e., at least two articles classifiable in different headings (6211--romper and 6215- -tie), put up together to meet a particular need (clothe a child; adornment), and imported in a condition for sale directly to the consumer.

As sets, styles 7A4701/7A7701 and 7A4703/7A7703 are classifiable by that component which gives the set its essential character. As the ties are accessories to the rompers, it is the rompers which determine the essential character of the sets.

Regarding the paragraph you cite from the Textile Category Guidelines, the citation includes the phrase "unless there is a compelling reason for separate classification." Classification is determined by the terms of the tariff, not the descriptions of the Guidelines. If the terms of the tariff require separate classification, that would indeed fit the definition of a compelling reason. The Guidelines are merely guidelines, the tariff controls classification.

HOLDING:

Styles 7A4701/7A7701 and 7A4703/7A7703 are classifiable in the provision for women's or girls' other garments, of cotton, washsuits, sunsuits, one-piece playsuits and similar apparel which is subheading 6211.42.0025, HTSUSA, dutiable at 8.6 ad valorem. As sets, the rompers fall within textile category 237; the ties fall in textile category 359.

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 -5-
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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