HQ 956512: Classification of a woman's garment; EN to heading 6206, HTSUSA,; garments with means of tightening at the bottom are precluded from classification in heading 6206, 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 956512
                                 
                        September 26, 1994
CLA-2  CO:R:C:T  956512  jb

CATEGORY:  Classification

TARIFF NO.:  6211.42.0056

Mr. Ba-Sang Yeung
Hong Kong Economic and Trade Office
British Embassy
1150 18th Street, N.W. Suite 475
Washington, D.C. 20036

RE:  Classification of a woman's garment; EN to heading 6206,
     HTSUSA,; garments with means of tightening at the bottom are
     precluded from classification in heading 6206, HTSUSA

Dear Mr. Yeung:

     This is in response to your letter, dated May 24, 1994, on
behalf of Blue Star Apparel, Inc., requesting the classification
of a woman's woven garment.  A sample was provided to this office
and will be returned under separate cover.

FACTS: 

     The submitted sample, referenced style number 034671WSBB, is
a woman's short-sleeved garment made from 100 percent cotton
woven fabric, and features embroidered sleeves and an embroidered
collar.  The collar extends on each side to the right and left
panels, resulting in a wrap style garment which reaches the
waistline.  The front right panel crosses over the front left
panel, and by fastening the straps linked to the bottom of the
two front panels at the back of the waist, the garment is
secured.

     You claim that the garment meets the criteria of a woven
blouse and should be classified accordingly.

ISSUE:

     What is the proper classification for the submitted garment? 
LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI).  GRI 1
requires that classification be determined according to the terms
of the headings and any relative section or chapter notes.  Where
goods cannot be classified solely on the basis of GRI 1, the
remaining GRI will be applied, in the order of their appearance.

     Heading 6206, HTSUSA, provides for women's or girls'
blouses, shirts and shirt-blouses.  The Explanatory Notes to the
Harmonized Commodity Description and Coding System (EN) to
heading 6206, HTSUSA, state:

          This heading does not cover garments with pockets below
          the waist or with a ribbed waistband or other means of
          tightening at the bottom of the garment.

     As the submitted sample is a wrap style garment, it must be
fastened by crossing the right front panel over the left front
panel which must then be tied together.  Though this tightening
at the bottom of the garment precludes classification in heading
6206, HTSUSA, the garment is still classifiable in heading 6211,
HTSUSA, as a blouse excluded from heading 6206.

HOLDING:

     The submitted woman's garment, referenced style number
034671WSBB, is classifiable in subheading 6211.42.0056, HTSUSA,
which provides for inter alia, other garments, women's or girls':
of cotton, blouses, shirts and shirt-blouses, sleeveless tank
styles and similar upper body garments, excluded from heading
6206: other.  The applicable rate of duty is 8.6 percent and the
textile category designation is 341.

     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 negotiations and
changes, 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 the 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 the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division