HQ 085316: Classification of Ladies' woven bodyshirt

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 085316

                       September 29, 1989

CLA-2 CO:R:C:G  085316  CB

CATEGORY:  Classification

TARIFF NO.:  6211.43.0060; 6211.42.0050

Joel K. Simon, Esq.
Serko & Simon
One World Trade Center
New York, New York  10048

RE:  Classification of Ladies' woven bodyshirt

Dear Mr. Simon:

     This letter is in response to your letter of August 1, 1989,
on behalf of HMS Productions, Inc., requesting a classification
ruling under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), for ladies' woven bodyshirts from China.

FACTS:

     The sample submitted, style SJ 8119/BW 8853, is a ladies'
bodyshirt manufactured from a woven fabric presumably of man-made
fibers.  The inquirer indicates that the garment will be
manufactured in a 100 percent cotton woven fabric.  The garment
features a partial front opening secured by two hidden buttons,
a pointed collar without collar band, long sleeves with turned
back cuffs secured by decorative gold colored buttons, shoulder
pads, elasticized waist, snap crotch and elasticized lace
trimming around the leg openings.

ISSUE:

     Whether the subject garment is properly classifiable under
heading 6206, HTSUSA, or heading 6211, 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 of the tariff and any relevant section or
chapter notes.


                               -2-


     Heading 6206, HTSUSA, provides for women's or girls'
blouses, shirts and shirtblouses.  The Explanatory Notes to
heading 6206 specify that the heading does not cover garments
with a means of tightening at the bottom.  The Explanatory Notes
constitute the official interpretation of the tariff at the
international level.  Since the garment in question is fitted
with a snap crotch and elasticized lace trimming around the leg
openings, classification under heading 6206, HTSUSA, is
precluded.

     Heading 6211, HTSUSA, provides for track suits, ski-suits
and swimwear; other garments.  It is Customs position that the
subject bodyshirts, if manufactured of man-made fibers, are
classifiable in subheading 6211.43.0060, HTSUSA.  If the garments
are manufactured of cotton, as stated by the inquirer, they are
classifiable in subheading 6211.42.0050, HTSUSA.

HOLDING:

     The subject garment, if constructed of man-made fibers, is
classifiable in subheading 6211.43.0060, which provides for
track suits, ski-suits and swimwear; other garments, women's or
girls', of man-made fibers, blouses, shirts and shirtblouses
excluded from heading 6206.  The textile category is 641 and the
rate of duty is 17 percent ad valorem.

     The garment, if constructed of cotton, is classifiable in
subheading 6211.42.0050, HTSUSA, which provides for track suits,
ski-suits and swimwear; other garments, women's or girls', of
cotton, blouses, shirts and shirtblouses excluded from heading
6206.  The textile category is 341 and the rate of duty is 8.6
percent ad valorem.

     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.

     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

                               -3-


Customs office prior to the importation of this merchandise to
determine the current status of any import restraints or
requirements.

     Your sample will be returned to you under separate cover.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division