HQ 085613: Apparel; Modification of NYRL 844483, dated September 11, 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 085613

                                   December 20, 1989


            CLA-2: CO:R:C:G  085613 DRR

            CATEGORY: Classification

            TARIFF NO.: 6208.92.0030

            Ms. Cheryl Hodgson
            Campri International, Inc.
            215 West 40th Street
            New York, New York 10018

            Re:   Apparel; Modification of NYRL 844483,
                 dated September 11, 1989

            Dear Ms. Hodgson:

                This is in further response to your letter of August 15,
            1989, to our New York regional office, in which you requested
            a tariff classification ruling, under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA), for a women's
            camisole.  Our New York office's response to your August 15,
            1989, request, New York Ruling Letter (NYRL) 844483, dated
            September 11, 1989, classified the garment in question under
            subheading 6108.92.0015, HTSUSA.  We have had occasion to
            review that ruling and have determined that it is in error.

            FACTS:

                The merchandise at issue is represented by a sample of a
            women's camisole made of black woven rayon fabric.  The
            construction and appearance of the garment indicate that it
            will be worn under other garments.  The garment has narrow
            shoulder straps, and a V-neckline in front.

            ISSUE:

                Whether the camisole in question is classifiable under
            subheading 6108.92.0015, HTSUSA or subheading 6208.92.0030,
            HTSUSA.




















                                          -2-

            LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            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.  Subheading 6108.92.0015,
            HTSUSA, provides for knitted underwear, other, women's.  Note 1
            to Chapter 61 states "This chapter applies only to knitted or
            crocheted articles."  The sample submitted is made from woven
            rayon fabric and therefore cannot be classified in Chapter 61.
            It is correctly provided for in subheading 6208.92.0030,
            HTSUSA, which provides for women's or girls singlets and other
            undershirts, slips, petticoats, briefs, panties, nightdresses,
            pajamas, negligees, bathrobes, dressing gowns and similar
            articles, other, of man-made fibers, other, women's.

            HOLDING:

                The camisole in question is classified under subheading
            6208.92.0030, HTSUSA, with a duty rate of 17 percent ad
            valorem, and subject to textile visa category 652.  Pursuant to
            section 177.9, Customs Regulations, (19 CFR 177.9 (1989)), copy
            enclosed, the ruling letter of September 11, 1989, is modified
            in conformity with the foregoing.

                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

            Enclosure











            6 cc: A.D., N.Y. Seaport
            D. Rimmer library/za
            085613 DRR