HQ 085288: Girl's blouses and vests

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 085288

                                 September 27, 1989


          CLA-2 CO:R:C:G DRR 085288

          CATEGORY: Classification

          TARIFF NO.: 6106.20.2030; 6110.30.3035; 6110.30.3055

          Ms. Doreen Wai,
          Second Secretary
          Hong Kong Economic and Trade Office
          1233 20th Street, N.W., Suite 504
          Washington, D.C. 20036

          Re:  Girl's blouses and vests

          Dear Ms. Wai:

               This is in reference to your letter dated May 8, 1989,
          requesting the classification of girl's blouses and vests under
          the Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).

          FACTS:

               The merchandise at issue is represented by four samples,
          described in your letter as girl's vests.  All four samples are
          comprised of 65 percent polyester and 35 percent cotton knit
          fabric.  Style numbers 28414 and 38425 B have full front openings
          secured by shirt-type buttons, small armhole openings, coverage
          to the neck and shirt tails at the bottom.  Styles 38425A and
          38425C have full front zipper closures.  Style 38425A has a
          ribbed waistband, narrow, ribbed armhole openings, coverage to
          the neck and a ribbed crew type collar.  Style 38425C has a
          ribbed waistband, a modified V ribbed neckline, and ribbed
          armhole openings.  The waistband, neck and armholes are a
          contrasting color to the body of the garment.

          ISSUE:

               Whether the garments at issue are classifiable as girl's
          blouses or vests.



















                                        - 2 -


          LAW AND ANALYSIS:

               Subheading 6110.90.0042, HTSUSA, provides for "Sweaters,
          pullovers...and similar garments knitted...Of other textile
          materials, Sweaters, Women's, Other."  Subheading 6106.20.2030,
          HTSUSA, Women's or girl's blouses and shirts, knitted...Of man-
          made fibers, Other, Girl's, Other.   Note 4, Chapter 61, states
          that garments with ribbed waistbands are excluded from Heading
          6106.

               Customs has consistently classified as vests only garments
          which are worn over other outer garments.  Styles 28414 and
          38425B have small armhole openings and shirt tails which would
          most commonly be worn tucked into trousers or a skirt.  Neither
          style appears to be appropriate for wear over other outer
          garments.  Style 38425A has small armhole openings and a crew-
          style collar which would make it difficult to wear comfortably
          over other outer garments.  Style 38425C has larger armhole
          openings and a modified V neckline which would facilitate wearing
          another outer garment underneath it.

          HOLDING:

               Styles 28414 and 38425B, entered in 1989, are classifiable
          under subheading 6106.20.2030, HTSUSA, Women's or girl's blouses
          and shirts, knitted...Of man-made fibers, Other, Girl's, Other,
          with a duty rate of 34.6 percent ad valorem and a quota category
          of 639.  Style 28414, entered in 1988, is classifiable under
          384.1812 TSUS, with a duty rate of 35 percent ad valorem,
          category 639 (ornamented).  Style 38425B, entered in 1988, is
          classifiable under 384.8014 TSUS, with a duty rate of 13 cents
          per pound plus 32.5 percent ad valorem, category 639 (not
          ornamented).

                 Style 38425A,  entered in 1989, is classifiable under
          subheading 6110.30.3055, HTSUSA, Sweater's, pullovers,
          sweatshirts, waistcoats (vests) and similar articles, knitted or
          crocheted, Of man-made fibers, Other, Other, Other, with a duty
          rate of 34.2 percent ad valorem, and a quota category 639.  Style
          38425A, entered in 1988, is classifiable under 384.1812 TSUS,
          with a duty rate of 35 percent ad valorem, category 639
          (ornamented).  Style 38425C, entered in 1989, is classifiable
          under subheading 6110.30.3035, HTSUSA, Sweater's, pullovers,


















                                         - 3 -


          sweatshirts, waistcoats (vests) and similar articles, knitted or
          crocheted, Of man-made fibers, Other, Other, Vests, other than
          sweater vests, Women's or Girls', with a duty rate of 34.2
          percent ad valorem and a quota category of 659.  Style 38425C,
          entered in 1988, is classifiable under 384.2251 TSUS, with a duty
          rate of 22.7 percent ad valorem, category 659 (ornamented).

               Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          merchandise, the importer should contact the 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, we suggest that 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 available for inspection at your local Customs office.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division






























          DRRimmer library/peh
          name: 0847076 cc: Area Dir., N.Y. Seaport