HQ 083053: Reconsideration of NYRL 830897 of July 21, 1988

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 083053

                                        August 22, 1989


          CLA-2 CO:R:C:G  083053 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6208.91.3010

          John B. Pellegrini, Esquire
          Ross & Hardies
          529 Fifth Avenue
          New York, New York 10017-4608

          RE:  Reconsideration of NYRL 830897 of July 21, 1988

          Dear Mr. Pellegrini:

                This ruling letter is in response to your inquiry of
          September 2, 1988, on behalf of Associated Merchandising Corp.,
          requesting reconsideration of NYRL 830897 of July 21, 1988,
          concerning tariff classification of camisoles under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Two samples produced in India were submitted for
          review.

          FACTS:

                Style number 2714 is a women's camisole composed of 100
          percent cotton woven fabric.  The garment has "spaghetti"
          shoulder straps.  The garment covers the torso from the top of
          the bust to below the waist.  The garment features decorative
          edging around the top, an embroidered organdy insert on the
          front, a self-hemmed straight bottom, and embroidery on the upper
          front.  The garment is designed to be purchased with a slip and
          or tap pants.  The camisole was classified under subheading
          6211.42.0050, HTSUSA.

                Style number 2207 is submitted to show that this sample and
          the sample at issue are purchased from the same manufacturer and
          are of the same series, but are classified differently.  NYRL
          830695 of July 25, 1988 classified this garment under subheading
          6208.91.3010, HTSUSA.       














                                         -2-

                Style 2207 is a women's camisole composed of cotton woven
          fabric with a five button full front opening.  It has lace edging
          and embroidery across the neck area.  The garment covers the
          torso from the top of the bust to below the waist.

          ISSUE:

                Whether style number 2714 was properly classified under
          subheading 6211.42.0050, 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 provides that classification is determined
          according to the terms of the headings and any relevant section
          or chapter notes.

                The Guidelines for the Reporting of Imported Products in
          Various Textile and Apparel Categories, CIE 13/88, November 23,
          1988 at p.25, state that the term "underwear" refers to garments
          which are ordinarily worn under other garments and are not
          exposed to view when the wearer is conventionally dressed for
          appearance in public, indoors or out-of-doors.  It is generally
          agreed that sleeveless tops with lace inserts or lace edgings are
          predominately worn as underwear.

                It is our opinion that the camisole in question like the
          camisole of NYRL 830695 is designed to be worn as underwear.
          They are both marketed and advertised as underwear.  In addition,
          they are designed to be purchased with a matching slip and or tap
          pants.  Therefore, the sample at issue should be classified under
          the provision for underwear.

          HOLDING:

                The merchandise at issue is classified under subheading
          6208.91.3010, HTSUSA, which provides for women's or girls'
          singlets and other undershirts, slips, petticoats, briefs,
          panties, nightdresses, pajamas, negligees, bathrobes, dressing
          gowns and similar articles, other, of cotton, other, women's,
          textile category 352, and dutiable at the rate of 11.9 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 importing the merchandise to determine
          the current applicability of any import restraints or
          requirements.  












                                         -3-

                NYRL 830897 of July 21, 1988 is hereby modified.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division