HQ 085413: Classification of a men's woven cotton top

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 085413

                        November 7, 1989




CLA-2  CO:R:C:G  085413  CC

CATEGORY:  Classification

TARIFF NO.:  6211.32.0060

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, N.Y.  10004

RE:  Classification of a men's woven cotton top

Dear Ms. Shira:

     This letter is in response to your inquiry of August 4,
1989, on behalf of Sergio Valenti, requesting tariff
classification of a men's shirt from Turkey under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  A
sample was submitted for examination.

FACTS:

     The sample at issue, designated as style 6329, is a men's
sleeveless pullover, which is styled like a tank top.  It is
composed of 100 percent woven cotton fabric and has a partial
opening in front with two buttons.

ISSUE:

     Whether the sample garment is classifiable in Heading 6205,
HTSUSA, or in 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 classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     Heading 6205, HTSUSA, provides for men's or boys' shirts.
According to the Explanatory Notes, the official interpretation
of the HTSUSA at the international level, sleeveless garments are
excluded from Heading 6205.  Since the sample is a sleeveless
garment, it is not classifiable in Heading 6205.  Instead, it is
classifiable in Heading 6211, HTSUSA, which provides for other
garments.

HOLDING:

     The sample garment is classified under subheading
6211.32.0060, HTSUSA, which provides for other garments, men's
or boys', of cotton, shirts excluded from Heading 6205, textile
category 340, and dutiable at the rate of 8.6 percent ad valorem.

     The sample is being returned under separate cover.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your 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, 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 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