HQ 957256: Classification of women's garment; Heading 6206; Heading6211

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 957256

                          April 6, 1995

CLA-2 R:C:T 957256 CAB

CATEGORY:  Classification

TARIFF NO.:  6211.41.0061

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

RE:  Classification of women's garment; Heading 6206; Heading
6211

Dear Mr. Yeung:

     This is in response to your inquiry of November 1, 1994,
requesting a tariff classification ruling for a women's upper
body garment under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).  A sample was submitted for
examination.

FACTS:

     The submitted sample is a woman's upper body garment that is
constructed from 100 percent wool woven fabric.  The garment has
long sleeves, a rear closure with zipper, translucent strips
approximately two inches wide inserted into the lower front area
of the garment, a cutaway front, and a plunging V-neckline.

ISSUE:

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

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.


     Heading 6206, HTSUSA, provides for, among other articles,
women's blouses.  The General Explanatory Notes to Chapter 62,
HTSUSA, describes shirts and shirt-blouses as:

     *   *   * garments designed to cover the upper part of the
     body, having long or short sleeves and a full or partial
     opening starting at the neckline.  Blouses are also designed
     to cover the upper part of the body but may be sleeveless
     and without an opening at the neckline.  

     The Textile Guidelines, CIE 13/88, are sometimes consulted
as an aid in determining the tariff classification of certain
commodities.  In regard to women's nonknit blouses, the
Guidelines provide, in pertinent part:

     *   *   * Blouses are outer garments usually extending from
     the neck or shoulders to the vicinity of the waistline. 
     However, also included in the category are overblouses and
     similar garments which may extend to the mid-thigh area or
     below, and which are frequently slit up the leg.  Blouses
     may have a collar treatment of any type or no collar.  The
     closure may be positioned on the front, back, or side, or
     the garment may even be without closure as in a pullover.

                            *   *   *

     Customs believes that implicit in a garment being classified
as a blouse under Heading 6206, HTSUSA, is that it sufficiently
cover the upper body.  In this instance, the garment does not
provide enough coverage to be worn alone.  Generally, garments
failing to provide adequate coverage are classified as other
garments under Heading 6211, HTSUSA.  See Headquarters Ruling
Letter, 088535, dated April 23, 1991.  Consequently, the subject
garment is classifiable under Heading 6211, HTSUSA.

HOLDING:

     Based on the foregoing, the subject garment is classified 
under subheading 6211.41.0061 HTSUSA, which provides for women's
other wool garments.  The applicable rate of duty is 16.5 percent
ad valorem and the textile restraint category is 459.

     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 you check, close to the time of shipment, The Status
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