HQ 084762: Classification of 100% polyester Ladies' tops

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 084762

                       September 25, 1989

CLA-2 CO:R:C:G  084762 CB

CATEGORY: Classification

TARIFF NO.:  6211.43.0090

Ms. Doreen Wai
Hong Kong Economic and
 Trade Office
British Embassy
1233 20TH STREET, N.W.
WASHINGTON, D.C.  20036

RE:  Classification of 100% polyester Ladies' tops

Dear Ms. Wai:

     This ruling letter is issued in response to your letter of
June 2, 1989, on behalf of G.J.M. (US) Inc., requesting a
classification ruling under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), for a ladies' bandeau top.

FACTS :

     The submitted sample is a ladies' bandeau manufactured from
a 100 percent woven polyester polka dot printed satin fabric.
The bandeau features a shirred elastic rear secured by a three
hook and eye closure.  Each side seam features a hidden plastic
stay.  The garment lacks body supporting features and is designed
to be seen when worn.

ISSUE :

     Whether the subject merchandise is classifiable in Chapter
62, of the HTSUSA?

LAW AND ANALYSIS :

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 states, in part, that "classification
shall be determined according to the terms of the headings and
any relative Section or Chapter Notes...."

                               -2-


     This garment lacks any features that would qualify it as a
body-supporting garment.  It is not intended to be covered by
outer garments during normal wear, and so classification as
underwear is inappropriate.  It cannot be classified as a blouse
because it does not reach the waist, nor does it cover the neck
and shoulders.  Heading 6211, HTSUSA, covers other garments not
provided for elsewhere in the schedule.  The subject merchandise
is a ladies' bandeau style top designed to be used as outerwear.
It is Customs position that the subject merchandise is
classifiable in subheading 6211.43.0090, HTSUSA.

HOLDING :

     The subject ladies' bandeau top is classifiable in
subheading 6211.43.0090, HTSUSA, which provides for track suits,
ski-suits and swimwear; other garments, other.  The textile
category is 659 and the rate of duty is 17 percent ad valorem.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number), and the
restraint (quota/visa) categories applicable to textile
merchandise, the importer should contact the local Customs
office before importation of this merchandise to determine the
current status of any import restraints or requirements.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
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 that the importer check, close to the time of shipment,
the Status Report on Current Import Quotas (Restraint Levels), an
issuance of the U. S. Customs Service, which is updated weekly
and is available at the local Customs office.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division