HQ 089965: Classification of ladies' knit undergarment; undershirt; similar to singlet or vest of heading 6109, HTSUSA

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 089965
                      November 5, 1991




CLA-2  CO:R:C:T  089965  JS

CATEGORY:  Classification

TARIFF NO.:  6109.90.1090

Tommy Lai
Hong Kong Economic
   and Trade Office
British Embassy
1233 20th Street, N.W.
Suite 504
Washington, D.C. 20036

RE:  Classification of ladies' knit undergarment; undershirt;
     similar to singlet or vest of heading 6109, HTSUSA

Dear Mr. Lai:

     This is in reference to your letter of July 17, 1991, on
behalf of St. Eve International Inc., requesting classification
of a ladies' knitted undershirt under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).

FACTS:

     A sample of the merchandise at issue, which was designated
style no. 3392 under your case no. 141/91, was provided for
inspection.  It is a bra-like undergarment which you state is
made up 78 percent nylon and 22 percent spandex fabric.  We note,
however, that the garment is labeled 100 percent cotton.  The
overlapping V-shaped front is made from a raschel knit openwork
fabric.  The elasticized straps are 3/8 inches wide and the
bottom edge of the garment has a 1/2 inch elasticized edge.  The
size of the garment is noted as medium on the sewn-in tag.

ISSUE:

     What is the classification of a woman's knit undergarment of
man-made fibers.






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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.

     Heading 6109 provides for knitted T-shirts, singlets, tank
tops and similar garments.  The Explanatory Notes for this
heading include "singlets and other vests."  In previous rulings,
among them HQ 085685 issued December 10, 1990, Customs noted that
these terms were respectively defined as "underwear" and "an
undershirt, especially one for women's wear."  Thus, heading
6109, by its terms, encompasses the goods in question.  The
alternative which you suggest, heading 6108, which provides for
slips, petticoats, briefs, panties, nightdresses, pajamas and the
like, is not applicable.  Whereas heading 6109 provides for upper
body garments, heading 6108 provides for lower undergarments, or
full length garments such as bathrobes and dressing gowns.

     Since the bra-like article at issue is unquestionably an
upper body garment, classification under heading 6109 is
appropriate.  The present item is styled similar to a singlet or
vest, with a sheer lace knit fabric and capped elastic edges,
and is therefore classified under heading 6109.

     Heading 6212, which provides for brassieres and other body
supporting garments, is rejected from consideration due to the
absence of support features on this garment.  The present garment
is similar to the bra-let of HQ 089083 (issued July 2, 1991),
which was also denied classification under heading 6212 based on
lack of support features.  The thin and highly stretchable
shoulder straps, an inability to adjust the garment for secure
fit, and general sizing in the medium range indicate that the
present garment is not designed for support of the body.

HOLDING:

     The merchandise at issue is classified under subheading
6109.90.1090, HTSUSA, which provides for T-shirts, singlets, tank
tops and similar garments, knitted or crocheted: of other textile
materials: of man-made fibers, women's or girls': other, textile
category 639, dutiable at the rate of 34 percent ad valorem.

     The designated textile and apparel category may be
subdivided into parts.  If so, the 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


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changes, to obtain the most current information available, we
suggest your client 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 for inspection 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, your client should contact its
local Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division