Reconsideration of HQ 083685 issued March 2, 1989

HQ 085298 November 13, 1989 CLA-2 CO:R:C:G 085298 CB CATEGORY: Classification TARIFF NO.: 6209.30.3030; 6209.20.5045 Mr. Al Dwek Baby Togs, Inc. P.O. Box 1666, G.P.O. New York, New York 10116 RE: Reconsideration of HQ 083685 issued March 2, 1989 Dear Mr. Dwek: This letter is in response to your letter of July 28, 1989, requesting a reconsideration of Headquarters Ruling HQ 083685 issued on March 2, 1989, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: HQ 083685 was a reconsideration of NYRL 831857 and NYRL 831858 which involved the classification of an infant girls' woven set. The set subject to NYRL 831757 consisted of a shirt of 65 percent polyester and 35 percent cotton, and a jumper of 100 percent cotton corduroy. In NYRL 831858, the set consisted of a 65 percent polyester and 35 percent cotton shirt, and a footed overall of 100 percent cotton corduroy. The shirts were classified in subheading 6209.30.3030. HTSUSA, which provides for babies' garments and clothing accessories, of synthetic fibers,other, other, imported as parts of sets. The jumper and footed overall were classified in 6209.20.5045, HTSUSA, which provides for babies' garments and clothing accessories, of cotton, other, other, other, imported as parts of sets. HQ 083685 affirmed both rulings. In your letter of July 28, 1989, you state that the ruling was in error based on the fact that the garments are not normally sold separately. And, that based on GRI 3(b), composite goods that are not normally sold separately are classifiable according to the component which gives the goods its essential character. ISSUE: Whether the subject garments were correctly classified under HRL 083685? -2- LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. Therefore, GRI 3 does not become applicable until such time as a good cannot be classified under GRI 1 or GRI 2. GRI 1 provides that classification shall be determined according to the terms of the headings of the tariff and any relevant section or chapter notes, provided such headings or Notes do not otherwise require.(emphasis added) In other words, GRI 1 provides that the Section and Chapter Notes are controlling, i.e., they are the first consideration in determining classification. In applying GRI 1 to the subject rulings, classification of the garments is governed by the Notes to Section XI and Chapter 62. Note 13, Section XI, governs the classification of the subject garments. The Note states that textile garments of different headings are to be classified in their own headings even if sold as sets. The shirts and bottoms subject to HQ 083685 were classifiable separately because they fell under separate subheadings. HOLDING: We affirm the holding in HQ 083685 issued March 2, 1989. Sincerely, John Durant, Director Commercial Rulings Division