HQ 956801: Classification of a bodyshirt; Heading 6114; Note 8, Chapter61, HTSUSA

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 956801

                        November 14, 1994

CLA-2  CO:R:C:T 956801 CAB

CATEGORY:  Classification

TARIFF NO.:  6114.20.0020

Mr. B.S. Yeung
Hong Kong Economic and 
  Trade Office
1150 18th Street, N.W.
Suite 475
Washington, D.C. 20036

RE:  Classification of a bodyshirt; Heading 6114; Note 8, Chapter
61, HTSUSA

Dear Mr. Yeung:

     This is in response to your inquiry of July 21, 1994,
requesting a tariff classification determination of a certain
woman's upper body garment under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA).  A sample was submitted for
examination.  

FACTS:

     The merchandise at issue is described as a woman's short
sleeve bodyshirt.  The garment contains a shirt type ribbed collar,
a partial front opening with a button means of closure and left
over right closure, elasticized leg openings, and a snap crotch. 
The upper shirt-like portion of the garment is constructed of 85.9
percent cotton knit fabric/12.9 percent nylon knit fabric/and 1.2
percent spandex knit fabric.  The lower sewn-on panty portion of
the garment is constructed of 85.3 percent nylon knit fabric/14.7
percent spandex knit fabric.  

ISSUE:

     What is the proper tariff classification for the garment in
question?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes.  Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's taken in order.

     GRI 3(a) requires that where two or more headings describe the
merchandise, the more specific will prevail; or if two or more
headings each refer to part only of the materials in t he goods,
then classification will be by GRI 3(b);  GRI 3(b) states that the
material or component which imparts the essential character to the
goods will determine the classification.

     Heading 6114, HTSUSA, which is the provision for other
garments, knitted or crocheted, provides for bodysuits.  The
Textile Category Guidelines, C.I.E. 13/88, which are sometimes
consulted by Customs as a guide in determining the tariff
classification for certain garments describes bodysuits as:

     [Garments] constructed of finely knit fabric which usually
     includes lycra or spandex yarns.  They cover the wearer's
     torso and may have elastic around the neck, arm and leg
     openings.  They are designed to be form-fitting and may be
     intended for use during exercise, dance or similar athletic
     activity.  Body suits are one piece.  * * *  They are
     frequently called leotards in the trade.

The Guidelines fail to mention "bodyshirts".  The term "bodyshirt"
is defined in the Essential Terms of Fashion, by Charlotte Mankey
Calasibetta, as "a fitted shirt with a long tail which snaps
between the legs, making a leotard type garment."

     When examining the instant garment in light of the Guidelines
and the cited fashion dictionary, it appears that it fits squarely
within the given description for bodysuits.  The subject one-piece
garment is constructed of a finely knit nylon and spandex material;
it contains elastic around the leg openings; and is form-fitting. 
Therefore, it is classifiable under Heading 6114, HTSUSA.

     The subject garment is constructed of various types of knit
textile fabric, cotton, nylon, and spandex.  The cotton material
makes up 85.9 percent of the upper portion of the garment.  The
nylon material comprises 85.3 percent of the lower panty portion of
the garment.  The upper part of the garment is exposed, while the
lower panty portion of the garment is concealed.  As such, the
cotton upper fabric portion is the dominant textile of the garment
and imparts its essential character in accordance with GRI 3(b).  

     The top front opening of the subject garment is joined with a
left over right button closure.  This closure direction is usually
an indication that a particular garment is constructed for men or
boys.  Note 8, Chapter 61, HTSUSA, states the following:

     Garments of this chapter designed for left over right closure
     at the front shall be regarded as men's or boys' garments, and
     those designed for right  over left closure at the front as
     women's or girls' garments.  These provisions do not apply
     where the cut of the garment clearly indicates that is
     designed for one or other of the sexes.  

     Garments which cannot be identified as either men's or boys'
     garments or as women's or girls' garments are to be classified
     in the headings covering women's or girls' garments.  
In this case, it is clear from the design (or cut) of the
bodyshirt, which is commonly known as a women's garment, that it is
identified and classified as a woman's article of clothing. 

HOLDING:

     Based on the foregoing, the subject garment is classified in
subheading 6114.20.0020, HTSUSA, which provides for other garments,
knitted or crocheted, cotton, bodysuits and bodyshirts.  The
applicable rate of duty is 11.5 percent ad valorem and the textile
restraint category is 359.

     The designated textile and apparel category may be subdivided
into parts.  If so, visa and  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 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 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 applicable to textile
merchandise, you should contact your local Customs office prior to
importing the merchandise to determine the current status of any
import restraints or requirements.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division