HQ 085035: Reconsideration of NYRL 841503 dated May 31, 1989

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 085035

                          July 31, 1989


CLA-2 CO:R:C:G  085035 CB

CATEGORY: Classification

TARIFF NO.:  6109.10.0037  

Ms. Marie Angelo
International Intimates, Inc.
180 Madison Avenue
Suite 1800
New York, NY 10016

RE: Reconsideration of NYRL 841503 dated May 31, 1989

Dear Ms. Angelo:

     This ruling letter is in response to your letter of June 6,
1989, requesting a reconsideration of NYRL 841503, dated May 31,
1989, classifying women's knit crop top from Hong Kong.

FACTS :

     The sample submitted is a women's knit crop top, made of 100
percent cotton fibers.  The garment has an elasticized band at
the bottom bearing the "Camp Beverly Hills" logo.  According to
the importer, the fabric composition is 100 percent combed
cotton, 40 single jersey knitted.

     NYRL 841503, dated May 31, 1989, classified the merchandise
as outerwear in 6114.20.0010, textile category 339.  The importer
claims that the merchandise should be classified as underwear.  A
copy of the licensing agreement between the importer and Camp
Beverly Hills was submitted as supporting documentation.  The
Agreement indicates that the licensed articles are panties and
coordinated tops.

ISSUE:

     Whether the subject merchandise was correctly classified as
outerwear in Heading 6114?

                               -2-


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.

     NYRL 841503 classified the subject merchandise in subheading
6114.20.0010, HTSUSA, which provides for other garments, knitted
or crocheted, of cotton, tops.  Heading 6114, HTSUSA, covers
garments which are not included more specifically in other
headings within the Chapter.  The importer has requested a
reconsideration of the New York ruling on the grounds that the
fabric is too sheer for use as outerwear and that the licensing
agreement between Camp Beverly Hills and the importer limits the
importer to the sale of underwear.  The importer also provided,
as supporting evidence, several magazine articles referring to
the new line of Camp Beverly Hills underwear to be manufactured
and sold by the importer.

       Customs has previously ruled that classification of
merchandise cannot be governed by which department within a store
the merchandise is sold.  However, it can be taken into
consideration along with any other evidence which supports the
importer's position.  In this particular instance, the importer
has adequately documented his claim that the subject merchandise
is underwear.

     The subject merchandise is classifiable in subheading
6109.10.0037, which provides for T-shirts, singlets, tank tops
and similar garments, knitted or crocheted, women's or girls'
underwear.

HOLDING:

     The subject ladies' knit crop top is classifiable in
subheading 6109.10.0037, which provides for T-shirts, singlets,
tank tops and similar garments, knitted or crocheted, women's or
girls', underwear.  The textile category is 352 and the rate of
duty is 21 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 
                               -3-


determine the current status of any import restraints or
requirements.

     Your sample and licensing agreement will be returned to you
under separate cover.

     NYRL 841503 is revoked pursuant to 19 CFR 177.9(d).

                                Sincerely,



                                John Durant, Director
                                Commercial Rulings Division