HQ 085275: Classification of two women's garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) and Reconsideration of NYRL 840903 of June 2, 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 085275

                                November 14, 1989


      CLA-2 CO:R:C:G  085275  CMR  843566

      CATEGORY: Classification

      TARIFF NO.: 6208.21.0010

      Ms. Lorraine Dugan
      Associated Merchandising Corporation
      50 Terminal Road
      Secaucus, New Jersey  07096

      RE: Classification of two women's garments under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA) and
          Reconsideration of NYRL 840903 of June 2, 1989

      Dear Ms. Dugan:

           This ruling is in response to your letter of July 17, 1989,
      requesting the classification of two women's garments, styles 6117
      and 6136.  A sample of each style has been submitted for review.

      FACTS:

           Style 6117 is made from 100 percent woven cotton yarn dyed
      striped fabric.  It has a full front opening with a seven-button
      closure, long sleeves with single button cuffs, a double ply rear
      shoulder yoke, two patch pockets at the chest, a pointed collar with
      collarband, a rounded tail bottom, and a back pleat.  The garment is
      manufactured in India by Orient Fashions in sizes small, medium and
      large.

           Style 6136 is also made from 100 percent woven cotton yarn dyed
      striped fabric.  It has a full front opening with a nine-button
      closure, a partially concealed front placket, long sleeves with
      single-button cuffs, a collarband neckline with no collar, a rounded
      tail bottom, a back pleat, a double ply rear shoulder yoke, and an
      inset chest pocket with a single-button closure.  The garment is
      manufactured in India by ASU Traders in sizes small, medium and
      large.















                                       -2-


           In addition to the classification of the above described
      garments, it has been requested by the New York Customs office that,
      in light of the submission of the garments now before us, we
      reconsider the classification of a set of garments, style 6118, which
      were classified in NYRL 840903 of June 2, 1989, as sleepwear.

      ISSUE:

           Are the submitted garments classifiable as women's blouses in
      subheading 6206.30.3010, HTSUSA, or are they classifiable as women's
      sleepwear in subheading 6208.21.0010, HTSUSA?

           Was style 6118 properly classified as sleepwear in NYRL 840903?

      LAW AND ANALYSIS:

           Classification of products under the HTSUSA is governed by the
      General Rules of Interpretation (GRIs).  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 GRIs taken in order].

           The submitted garments, styles 6117 and 6136, appear to be
      oversized shirts.  These garments are similar to oversized shirts
      often found and sold in sleepwear departments.  While you indicated
      in your letter that these are blouses, we understand that the store
      department number, 039, and the store code, 015, indicate that the
      garments were purchased by P.A. Bergners for their junior sleepwear
      department.  Additionally, the Associated Merchandising Corporation
      (AMC) tags attached to the garments indicate that although the
      garments are described as tops on the tags, the product area
      designation for each is AMC sleepwear.  Furthermore, according to the
      New York Customs office, style 6117 is identical to the upper
      component of style 6118 which was described as a pajama set in your
      submission.

           Although we have not been provided with any advertisement
      material in regard to the garments at issue, based on the information
      obtained regarding the submitted purchase orders and from an
      examination of the garments themselves, we believe these garments are
      intended for marketing and sale as sleepwear.

      HOLDING:

           The submitted garments, styles 6117 and 6136 are classified as
      sleepwear in subheading 6208.21.0010, HTSUSA, which provides for
      women's cotton nightdresses and pajamas with two or more colors in
      the warp and/or the filling.  The garments fall in textile category
      351 and are dutiable at 9.5 percent ad valorem.











                                       -3-


           Based on the above stated information, particularly in regard to
      the store department number and store code number, we believe style
      6118 was properly classified in subheading 6208.21.0010, HTSUSA, in
      NYRL 840903.

           The designated textile and apparel category may be subdivided
      into parts.  If so, the 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 you check, close to the time of
      shipment, the Status Report On Current Import Quotas (Restraint
      Levels), an internal issuance of the U.S. Customs Service, which is
      updated weekly and is available for inspection at your local Customs
      office.

           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