HQ 083942: Reconsideration of New York Ruling Letter (NYRL) 834946

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 083942

                                      May 10, 1989

             CLA-2 CO:R:C:G  083942  SM  834946

             CATEGORY:  Classification

             TARIFF NO:  6115.19.0010

             Mr. John L. Wineapple
             Scotch Maid, Inc.
             Suite 2620
             350 Fifth Avenue
             New York, NY  10118

             RE:  Reconsideration of New York Ruling Letter (NYRL) 834946

             Dear Mr. Wineapple:

                   Your letter of February 10, addressed to our New York
             office, requesting reconsideration of NYRL 834946 of January
             12, 1989, has been referred to this office for reply.

             FACTS:

                   NYRL 834946 classified a pair of exercise tights, Style
             2441, under subheading 6115.19.0010, Harmonized Tariff
             Schedule of the United States Annotated (HTSUSA), textile
             category 359, a provision for cotton tights and panty hose,
             whether men's or women's.  You do not agree with this classi-
             fication, although you do not state which provision you
             believe is applicable.  You state that the goods are sold in
             "bodywear" departments, and that they are either bodysuits/
             bodyshirts or "other" garments.

             ISSUE:

                   Was the sample correctly classified as tights?  If not,
             how should it be classified?

             LAW AND ANALYSIS:

                   Classification under the HTSUSA is in accordance with
             the General Rules of Interpretation (GRI's).  GRI 1 provides
             that classification is determined first according the terms of
             the headings of the tariff and any relative section and
             chapter notes and then, if necessary, in accordance with the
             remaining GRI's.

                   Heading 6115, HTSUSA, provides for a number of articles,
             knitted or crocheted, including tights.  The Explanatory
             Notes, the official interpretation of the HTSUSA at the inter-
             national level, state that this heading covers, among other











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             things, tights, designed to cover the feet and legs and the
             lower part of the body up to the waist, including tights with-
             out feet.  The fact that this heading covers other articles,
             specifically named, such as panty hose, does not mean that
             tights are not included.  The heading specifically names
             tights.

                   The sample is form-fitting and designed to cling tightly
             to the wearer's body from the waist down the leg.  It is
             clearly a pair of tights.  It is not a bodysuit/bodyshirt; the
             latter garments cover the torso above the waist and may have
             no sleeves or varying types of sleeve treatment.

                   There is no provision in the tariff for "bodywear." If
             there is a heading that specifically describes an article, it
             must be classified under that heading.

             HOLDING:

                   Style 2441 was correctly classified.  NYRL 834946 is
             affirmed.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division

































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