HQ 086366: Liz Claiborne Woven Bodyshirts

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 086366

                       May 5, 1990


CLA-2  CO:R:C:G  086366  JS

CATEGORY:  Classification

TARIFF NO.:  6211.42.0050

Mr. Robert T. Stack
Mr. Paul A. Horowitz 
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004 

RE:  Liz Claiborne Woven Bodyshirts 

Dear Messrs. Stack and Horowitz:

     This is in reply to your letter of January 22, 1990, on
behalf of Liz Claiborne, Inc., requesting classification of two
women's woven bodyshirts under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA).

FACTS:  

     The samples at issue are made of 100 percent woven cotton
material.  Style no. 262540 has a pointed collar with a button
down front opening.  It has shoulder pads and long sleeves with
single button cuffs and two breast pockets with button secured
flaps.  The lower portion of the garment is a panty-style piece
which is permanently attached at the waist of the shirt.  It is
made of a stretchable knit fabric we assume is cotton, and it
features a snap secured crotch with lace edged leg openings which
are elasticized.    

     Style no. 304242 features a partial front opening secured by
four buttons concealed by a placket.  It also has short sleeves,
an elasticized waist, shoulder pads and a single breast pocket. 
The panty portion of the garment is made of the same material as
the upper portion, and it has lace edged leg openings.  

     The samples will be returned under separate cover as
requested.





LAW AND ANALYSIS:

     Classification of merchandise is in accordance with the
General Rules of Interpretation (GRI's), taken in order. GRI 1
provides that the classification shall be determined according to
the terms of the headings and any relative section or chapter
notes.

     Heading 6206, HTSUSA, provides for women's or girls'
blouses, shirts and shirt-blouses.  The Explanatory Notes
constitute the official interpretation of the tariff at the
international level.  The Explanatory Notes to heading 6206
specify that the heading does not cover garments with a ribbed
waistband or other means of tightening at the bottom.

     Heading 6211, HTSUSA, provides for track suits, ski-suits,
swimwear, and other garments.  Customs position is that since
this garment is excluded from heading 6206, HTSUSA, due to the
tightening at the bottom, it is properly classified under heading
6211, as an other garment.

     Although you are correct in pointing out that bodyshirts
were treated separately under TSUSA, and are specifically set out
in chapter 61, HTSUSA, the same distinction does not apply with
respect to woven garments of chapter 62, HTSUSA.  There is no
evidence to suggest that the drafters of the HTSUSA intended to
create a separate class of merchandise for woven bodyshirts,
thereby excluding such garments from the statistical breakout for
other shirts and blouses.  The submitted samples are manufactured
from woven fabrics and contain the styling features ordinarily
associated with shirts and blouses, i.e., collars, cuffs,
sleeves, shoulder pads, breast pockets, etc.  These garments are
particularly designed to be worn with skirts, slacks and suits in
the same manner as traditional shirts and blouses.  In addition,
the definitional references you provided for "bodyshirt" in
Charlotte Mankey Calasibetta's Essential Terms of Fashion (1986),
treats the terms "bodyshirt" and "bodysuit" as subcategories of
"shirts".  Therefore, the garments at issue are properly
classifiable within subheading 6211.42.0050, HTSUSA.

     Accordingly, the request for revocation of HRL's 084414
dated 8/8/89 and 085316 dated 9/29/89 is denied.

HOLDING:

     The bodyshirts at issue, style nos. 262540 and 304242 are
classifiable under the provision for other garments in subheading
6211.42.0050, HTSUSA, which provides for track suits, ski suits
and swimwear; other garments: other garments, women's or girls',
of cotton, blouses, shirts and shirt-blouses excluded from
heading 6206.  The textile category is 341 and the rate of duty
is 8.6 percent ad valorem.       




     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.

     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.

                              Sincerely,



                              Jerry Laderberg, Acting Director