HQ 953068: Classification of certain girls' rompers with ties; composite goods v. sets

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            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
                               -2-


     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