HQ 083192: Women's Designer Bodyshirt

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 083192

                      December 11,1989

CLA-2  CO:R:C:G  JS

CATEGORY: Classification

TARIFF NO:  6211.43.0060

Ms. Kim Greenwood
Esprit De Corp.
900 Minnesota Street
San Francisco, CA 94107

RE:  Women's Designer Bodyshirt

Dear Ms. Greenwood:

     This is in reference to the letter sent by Esprit dated
October 24, 1988, requesting classification of a woman's
designer bodyshirt under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).  A sample of the merchandise
was submitted for inspection.

FACTS:

     The merchandise at issue is a woman's garment, style no.
45517, made of a 100 percent rayon woven fabric of white polka
dots on a black background, which is constructed into a shirt-
like upper portion attached to a spandex panty.  The garment
features a six button closure in front, short hemmed sleeves, a
single breast pocket and a pointed collar.  This top portion is
permanently attached to a ribbed knit 95 percent cotton/5 percent
spandex panty with an elasticized waist, elasticized leg
openings, and a snap closure at the crotch.

ISSUE:

     Whether the garment is classifiable as a shirt or blouse
under heading 6206, HTSUSA, or as a shirt or blouse excluded from
heading 6206, under heading 6211, HTSUSA, which provides for
other garments?

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 believes that since this
garment is excluded from inclusion in heading 6202, HTSUSA, due
to the tightening at the bottom, it is properly classified under
heading 6211, as an other garment.

HOLDING:

     The bodyshirt at issue, style no. 45517, is classifiable
under the provision for other garments in subheading
6211.43.0060, HTSUSA, which provides for track suits, ski suits
and swimwear; other garments: other garments, women's or girls',
of man-made fibers, blouses, shirts and shirt-blouses excluded
from heading 6206.  The textile category is 641 and the rate of
duty is 17 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,



                                   John Durant, Director
                                   Commercial Rulings Division