HQ 085257: Classification of a ladies' woven 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 085257

                      August 25, 1989

CLA-2 CO:R:C:G 085257 SLR

CATEGORY: Classification

TARIFF NO.: 6211.43.0060

Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA  19106-3883

RE: Classification of a ladies' woven bodyshirt

Dear Mr. Liberati:

     This ruling is in response to your letter of July 12, 1989,
on behalf of Conston Corporation, requesting the classification
of a ladies' woven bodyshirt under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).  A sample was
submitted for our examination.

FACTS:

     The submitted sample, style 8312, is a ladies' bodyshirt
manufactured from a 100 percent woven polyester faille fabric.
The garment features a partial rear opening at the neckline
secured by a zipper, short sleeves with simulated cuffs,
elasticized waist, round neckline without collar, elasticized leg
openings, snap secured crotch, and lace front and rear yokes.

ISSUE:

     What is the proper classification of a ladies' woven
polyester bodyshirt under the HTSUSA?

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 is determined
according to the terms of the headings and any relevant section
or chapter notes.

     Heading 6206, HTSUSA, provides for women's or girls'
blouses, shirts and shirt-blouses.  Explanatory Note 62.06,
however, specifies that this heading does not cover garments with
tightening at the bottom.  Although not legally binding, the

                              -2-

Explanatory Notes do represent the official interpretation of the
Harmonized System at the international level.

     Heading 6211, HTSUSA, provides for track suits, ski-suits
and swimwear; other garments.  It is our position that the
bodyshirt in issue is classifiable in subheading 6211.43.0060,
HTSUSA, which provides for blouses, shirts and shirt-blouses
excluded from heading 6206.

HOLDING:

     The ladies' woven bodyshirt is classifiable in subheading
6211.43.0060, HTSUSA, which provides for track suits, ski-suits
and swimwear; other garments, women's or girls', of man-made
fibers, blouses, shirts and shirt-blouses excluded from heading
6206.  The corresponding textile number 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.


                                 Sincerely,


                                 John Durant, Director
                                 Commercial Rulings Division