HQ 084818: Request for reclassification of NYRL 840464

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 084818

                         October 5, 1989

CLA-2 CO:R:C:G 084818 CB

CATEGORY: Classification

TARIFF NO.: 6211.42.0050

Mrs. Nalini Patel
P.A.C. Imports, Inc.
18 West 30th Street
New York, New York 10001

RE: Request for reclassification of NYRL 840464

Dear Mrs. Patel:

     This ruling letter is in response to a request for
reclassification of NYRL 840464, dated May 9, 1989, which
classified a ladies' woven oversized shirt from Pakistan.

FACTS :

     The submitted sample, style 4261/2135, is a ladies' one-
size-fits-all, oversized shirt.  The garment is cut and sewn from
100 percent cotton woven, yarn-dyed, striped fabric and has short
sleeves; a full frontal opening, which is secured by nine button
closures; a pointed collar; small pleats on the back and front,
sewn into the yoke; a curved bottom; and two side seam pockets
below the waist.

     The subject merchandise was classified under 6206.30.3010,
HTSUSA, dutiable at 16.4 percent ad valorem, in textile category
341.  This subheading provides for women's or girl's shirts, of
cotton.

ISSUE :

     Whether the subject merchandise is properly classified under
Chapter 6206, 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 the starting point is the
terms of the headings and subheadings of the tariff and any
relevant section or chapter notes.

                               -2-


     Heading 6206, HTSUSA, provides for women's or girl's
blouses, shirts and shirtblouses.  The Explanatory Notes to this
heading provide that the heading does not cover garments with
pockets below the waist.  The Explanatory Notes constitute the
official interpretation of the tariff at the international level.
The subject merchandise is an oversized shirt with pockets below
the waist.  Therefore, it cannot be classified under heading
6206.

HOLDING :

     The subject garment is classifiable in subheading
6211.42.0050, HTSUSA, which provides for cotton blouses, shirts
and shirtblouses excluded from heading 6206.  The rate of duty is
8.6 percent ad valorem and the textile category is 341.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) 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.

     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
Report on Current Import Quotas (Restraint Levels), an issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.

     NYRL 840464 is revoked pursuant to 19 CFR 177.9(d).

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division