HQ 085274: Classification of bodyshirts

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 085274

                                        August 28, 1989


          CLA-2 CO:R:C:G  085274 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6211.43.0060

          Ms. Melly Rosario
          Operations
          Ashton & Tibbs Ltd
          499 Seventh Avenue
          South Tower
          New York, New York 10018

          RE:  Classification of bodyshirts

          Dear Ms. Rosario:

                This ruling letter is in response to your inquiry of July
          25, 1989, requesting classification under the Harmonized Tariff
          Schedule of the United States Annotated (HTSUSA), for bodyshirts
          produced in Korea.  A sample was submitted for examination.

          FACTS:

                Style number 063447 is a ladies' 100 percent woven rayon
          bodyshirt.  The garment features a partial front opening secured
          by four hidden buttons, pointed collar, long tapered sleeves with
          keyhole wrist opening which is secured by a loop and button.  The
          garment has an elasticized waist and leg openings, and the crotch
          has no means of closure.  According to your submissions the
          crotch will have buttons.

          ISSUE:

                Whether the sample at issue is classified under heading
          6206, HTSUSA, or under heading 6211, HTSUSA.

          LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI's),













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          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.

                Heading 6206, HTSUSA, provides for women's or girls'
          blouses, shirts and shirtblouses.  The Explanatory Notes
          constitute the official interpretation of the tariff at the
          international level.  The Explanatory Notes to heading 6206 state
          that the heading does not cover garments with tightening at the
          bottom of the garment.  Therefore, the sample at issue is not
          classified under heading 6206, HTSUSA.

                Heading 6211, HTSUSA, provides for track suits, ski-suits
          and swimwear; other garments.  Customs believes that since this
          garment is excluded from inclusion in heading 6206, HTSUSA due to
          the tightening at the bottom, it is properly classified under
          heading 6211, HTSUSA, as an other garment.

          HOLDING:

                The sample at issue is classified under subheading
          6211.43.0060, HTSUSA, which provides for track suits, ski-suits
          and swimwear; other garments, other garments, women's or girls',
          of man-made fibers, blouses, shirts and shirtblouses excluded
          from heading 6206, textile category 641, and dutiable at the rate
          of 17 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