HQ 957306: Classification of women's garment; Heading 6206; Heading6211

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 957306

                          April 4, 1995

CLA-2 R:C:T 957306 CAB

CATEGORY:  Classification

TARIFF NO.:  6211.42.0054

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

RE:  Classification of women's garment; Heading 6206; Heading
6211

Dear Mr. Yeung:

     This is in response to your inquiry of November 7, 1994,
requesting a tariff classification ruling for a women's upper
body garment under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).  A sample was submitted for
examination.

FACTS:

     The submitted sample is a woman's bodyshirt.  The upper
portion of the subject garment is comprised of 100 percent woven
cotton denim fabric while the lower portion is comprised of 95
percent cotton and 5 percent knit lycra material.  The garment
has long sleeves with cuffs that are secured by two buttons, a
pointed collar, two simulated breast pockets with a flap and
button closure, and a frontal opening with a five button means of
closure.  The garment also contains an elasticized waist and leg
openings and a snap closure at the crotch area.  

ISSUE:

     Whether the subject garment is classifiable in Heading 6206,
HTSUSA, or in Heading 6211, HTSUSA?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the 

headings and any relative section or chapter notes.  Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's taken in order.

     Heading 6206, HTSUSA, provides for, among other articles,
women's blouses.  The Explanatory Notes to the Harmonized
Commodity Description and Coding System (EN), although not
legally binding, are the official interpretation of the tariff at
the international level.  The EN to Heading 6206, HTSUSA, state,
in pertinent part:

          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.  

     The General Explanatory Notes to Chapter 62, HTSUSA,
describes shirts and shirt-blouses as:

     *   *   * garments designed to cover the upper part of the
     body, having long or short sleeves and a full or partial
     opening starting at the neckline.  Blouses are also designed
     to cover the upper part of the body but may be sleeveless
     and without an opening at the neckline.  

     In this case, the submitted sample is a garment designed to
cover the upper body and it has the characteristics of a blouse. 
However, the sample also contains a snap means of closure at the
crotch, which in essence is a tightening at the bottom of the
garment.  This tightening at the bottom of the subject garment
precludes it from being classifiable under Heading 6206, HTSUSA. 
Therefore, the subject garment is classifiable as a blouse under
Heading 6211, HTSUSA, which contains a subheading for blouses,
excluded from Heading 6206, HTSUSA. 

HOLDING:

     Based on the foregoing, the subject garment is classified in
subheading 6211.42.0054, HTSUSA, which provides for cotton
blouses excluded from heading 6206.  The applicable rate of duty
is 8.6 percent ad valorem and the textile restraint category 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 renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, The Status
on Current Import Quotas (Restraint Levels), an internal issuance
of the U.S. Customs Service, which 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 applicable to textile
merchandise, you should contact your 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