HQ 084414: Classification of a women's woven bodyshirt

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 084414

                                 August 8, 1989


      CLA-2 CO:R:C:G  084414  CMR

      CATEGORY: Classification

      TARIFF NO.: 6211.42.0050,

      Ms. Donna Albert
      Mast Industries, Inc.
      P.O. Box 2020
      100 Old River Road
      Andover, MA  01810

      RE: Classification of a women's woven bodyshirt

      Dear Ms. Albert:

           This ruling is in response to your letter of April 17, 1989,
      requesting the classification of a women's woven bodyshirt, style
      #B/620.

      FACTS:

           The garment at issue, style #B/620, is a women's woven
      bodyshirt.  The garment features a partial front opening with a
      placket secured by seven buttons, long sleeves with single button
      cuffs, a pointed collar with a collar band, a two-ply shoulder yoke,
      an elasticized waist, elasticized leg openings, and a snap-secured
      crotch.  The garment is made of 100 percent woven cotton fabric.

      ISSUE

           Is the garment classifiable as a shirt or blouse under heading
      6206, HTSUSA, or as a shirt or blouse excluded from heading 6206,
      under heading 6211, HTSUSA, which provides for other garments?

      LAW AND ANALYSIS:

           Classification of products 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, and provided such
      headings or notes do not otherwise require, according to [the
      remaining GRI's taken in order].











                                       -2-


           Heading 6202, HTSUSA, provides for women's or girls' blouses,
      shirts and shirt-blouses.  The Explanatory Notes to heading 6206
      specify that the heading does not cover garments with tightening at
      the bottom.  The Explanatory Notes constitute the official interpre-
      tation of the tariff at the international level.

           Heading 6211, HTSUSA, provides for track suits, ski-suits,
      swimwear, and other garments.  Customs believes that since this
      garment is excluded from inclusion in heading 6202, HTSUSA due to the
      tightening at the bottom, it is properly classified under heading
      6211, as an other garment.

      HOLDING:

           The bodyshirt at issue, style #B/620, is classifiable under the
      provision for other garments in subheading 6211.42.0050, HTSUSA,
      which provides for women's or girls' cotton blouses, shirts and
      shirt-blouses 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.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division




























      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins