HQ 084860: Classification of ladies' woven bodyshirts

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 084860

                         August 28, 1989

CLA-2 CO:R:C:G 084860 CB

CATEGORY: Classification

TARIFF NO.:  6211.42.0050

Duncan A. Nixon, Esq.
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, NY  10004

RE:  Classification of ladies' woven bodyshirts

Dear Mr. Nixon:

     This ruling letter is in response to your letter of June 12,
1989, on behalf of Donna Karan New York, requesting a
classification ruling under the Harmonized Tariff Schedule of the
United States (HTSUSA), for ladies' woven bodyshirts.

FACTS:

     Two samples were submitted for classification.  Style 22042
is manufactured from a 100 percent woven cotton yarn dyed fabric.
The garment features a partial front opening secured by six
buttons, long sleeves with single button cuffs, pointed collar
with a collar and a snap crotch with elasticized lace trim at the
bottom edge encircling the legs.

     Style 22140 is manufactured from a 100 percent woven cotton
solid color fabric.  The garment features a partial front opening
secured by five buttons, long sleeves with single button cuffs,
pointed collar, elasticized waist and a snap crotch with
elasticized lace trim at the bottom edge encircling the legs.

ISSUE:

     Whether the subject merchandise is classifiable in Heading
6206, HTSUSA, or in Heading 6211, HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
                               -2-


taken in order.  GRI 1 provides that the starting point is the
terms of the headings and subheadings of the tariff and any
relevant section or chapter notes.

     Heading 6206, HTSUSA, provides for women's or girls'
blouses, shirts and shirtblouses.  The Explanatory Notes
constitute the official interpretation of the tariff at the
international level.  The Explanatory Notes to heading 6206
specify that the heading does not cover garments with tightening
at the bottom.

     Heading 6211, HTSUSA, provides for track suits, ski-suits
and swimwear; other garments.  It is Customs position that the
subject bodyshirts are classifiable in subheading 6211.42.0050,
HTSUSA, which provides for blouses, shirts and shirtblouses
excluded from heading 6206.

HOLDING:

     The subject garments are classifiable in subheading
6211.42.0050, HTSUSA, which provides for track suits, ski-suits
and swimwear; other garments, women's or girls', of cotton,
blouses, shirts and shirtblouses excluded from heading 6206.  The
textile category is 341 and the rate of duty is 8.6 percent ad
valorem.

     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.

     Your sample will be returned to you under separate cover.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division