Tariff classification of infants' shawl

HQ 081608 September 7, 1988 CLA-2 CO:R:C:G 081608 SM CATEGORY: Classification TARIFF NO.: 6301.40.0010 Ellen E. Rosenberg, Esq. Siegel, Mandell & Davidson, P.C. One Whitehall Street New York, NY 10004 RE: Tariff classification of infants' shawl Dear Ms. Rosenberg: Your letter of November 25, 1987, on behalf of Frederick Wholesale Corporation, addressed to our New York office, requests a tariff classification under the proposed Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for an article described as an infants' shawl, to be imported from Japan. FACTS: A sample of the infants' shawl, Style No. 5060, was submitted to this office. The shawl is constructed of 100 percent acrylic woven fabric and measures 35 inches square. There is a self fringe of approximately two inches on each side. You state that the article is used to wrap around an infant being held or carried. You suggest that it is clas- sifiable under subheading 6209.30.3040, HTSUSA, a provision for other babies' garments and clothing accessories of syn- thetic fibers. ISSUE: Is the infants' shawl classified as babies' garments and clothing accessories under the HTSUSA? LAW AND ANALYSIS: In order to be classified under the provisions for babies' garments and clothing accessories, articles must first of all be for babies; and, secondly, must constitute garments or clothing accessories. -2- Note 4 to Chapter 62, HTSUSA, provides that, for purposes of heading 6209, "'babies' garments and clothing accessories' means articles for young children of a body height not exceeding 86 centimeters . . . ." Nothing about the infants' shawl would restrict it to use by children not over 86 centimeters tall. More importantly, we do not agree that the infants' shawl can be described as a babies' garment or as a clothing accessory. The Explanatory Notes, the official interpretation of the HTSUSA at the international level, state that heading 6209 "includes, inter alia, matinee coats, pixie suits, rompers, infants' bibs, gloves, mittens and mitts, tights and babies' bootees without soles, not knitted or crocheted." The infants' shawl is not a garment to be worn on the body, like the named articles. It is in effect a small blanket to be laid over or wrapped around a clothed infant. It could, in fact, be used as a lap robe or light cover by anyone. Heading 6301 provides for blankets and traveling rugs. The Explanatory Notes indicate that it includes blankets for baby carriages. In our view, the sample is among the types of articles likely to be used in this manner and meant to be included in this provision. HOLDING: The infants' shawl is classified under subheading 6301.40.0010, HTSUSA, textile category 666, a provision for woven blankets and traveling rugs, other than electric, of synthetic fibers. This classification represents the present position of the Customs Service under the proposed HTSUSA. If there are changes before enactment, this advice may not con- tinue to be applicable. Sincerely, John Durant, Director Commercial Rulings Division cc: NIS Richard Eyskens cc: CITA