&&“Product 5909, Swaddle Set” consists of a light green knitted 100% cotton blanket and hat for infants. The blanket measures 43” x 43” and its edges are finished by stitching. The hat resembles a small skull cap suitable for babies and is knit to shape. These items are packaged together for retail sale with a cardboard insert displaying instructions on how to swaddle an infant. Importer information submitted did not recommend a size, age or weight range for use.&& &&&&

&&Your broker suggested that the goods be classified as a set under classification number 6209.20.00.00, per GIR# 3 (b), the essential character being provided by the blanket. However, per the General Rules for the Interpretation of the Harmonized System, “goods put up in sets for retail sale” means goods which satisfy three requirements: (a) consist of at least two different articles which are, prima facie, classifiable in different headings, (b) consist of products 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.&&&&Although the blanket and hat satisfy the first and last requirement of “goods put up in sets for retail sale”, they but do not satisfy the second. The blanket and hat do not combine to meet a particular need or carry out a specific activity. It directs that when the selections of products put up together do not satisfy the requirements of “goods put up in sets for retail sale” per GIR# 3 (b), each item is to be classified separately, each in its own heading.&&&&Furthermore, the Explanatory Notes to both headings 61.11 and 62.09 for Babies’ garments and clothing accessories excludes babies’ bonnets (heading 65.05), and babies’ clothing accessories covered more specifically by other Chapters of the Nomenclature. Accordingly, the hat is classified in heading 65.05, and the blanket is covered more specifically in heading 63.01, each article classified per GIR# 1.&&&&