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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

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