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HQ 084414


August 8, 1989

CLA-2 CO:R:C:G 084414 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0050,

Ms. Donna Albert
Mast Industries, Inc.
P.O. Box 2020
100 Old River Road
Andover, MA 01810

RE: Classification of a women's woven bodyshirt

Dear Ms. Albert:

This ruling is in response to your letter of April 17, 1989, requesting the classification of a women's woven bodyshirt, style #B/620.

FACTS:

The garment at issue, style #B/620, is a women's woven bodyshirt. The garment features a partial front opening with a placket secured by seven buttons, long sleeves with single button cuffs, a pointed collar with a collar band, a two-ply shoulder yoke, an elasticized waist, elasticized leg openings, and a snap-secured crotch. The garment is made of 100 percent woven cotton fabric.

ISSUE

Is the garment 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 products 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, and provided such headings or notes do not otherwise require, according to [the remaining GRI's taken in order].

Heading 6202, HTSUSA, provides for women's or girls' blouses, shirts and shirt-blouses. The Explanatory Notes to heading 6206 specify that the heading does not cover garments with tightening at the bottom. The Explanatory Notes constitute the official interpre- tation of the tariff at the international level.

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 #B/620, is classifiable under the provision for other garments in subheading 6211.42.0050, HTSUSA, which provides for women's or girls' cotton blouses, shirts and shirt-blouses excluded from heading 6206. The textile category is 341 and the rate of duty is 8.6 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

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