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HQ 084860


August 28, 1989

CLA-2 CO:R:C:G 084860 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0050

Duncan A. Nixon, Esq.
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, NY 10004

RE: Classification of ladies' woven bodyshirts

Dear Mr. Nixon:

This ruling letter is in response to your letter of June 12, 1989, on behalf of Donna Karan New York, requesting a classification ruling under the Harmonized Tariff Schedule of the United States (HTSUSA), for ladies' woven bodyshirts.

FACTS:

Two samples were submitted for classification. Style 22042 is manufactured from a 100 percent woven cotton yarn dyed fabric. The garment features a partial front opening secured by six buttons, long sleeves with single button cuffs, pointed collar with a collar and a snap crotch with elasticized lace trim at the bottom edge encircling the legs.

Style 22140 is manufactured from a 100 percent woven cotton solid color fabric. The garment features a partial front opening secured by five buttons, long sleeves with single button cuffs, pointed collar, elasticized waist and a snap crotch with elasticized lace trim at the bottom edge encircling the legs.

ISSUE:

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

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that the starting point is the terms of the headings and subheadings of the tariff and any relevant section or chapter notes.

Heading 6206, HTSUSA, provides for women's or girls' blouses, shirts and shirtblouses. 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 tightening at the bottom.

Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear; other garments. It is Customs position that the subject bodyshirts are classifiable in subheading 6211.42.0050, HTSUSA, which provides for blouses, shirts and shirtblouses excluded from heading 6206.

HOLDING:

The subject garments are classifiable in subheading 6211.42.0050, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments, women's or girls', of cotton, blouses, shirts and shirtblouses 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.

Your sample will be returned to you under separate cover.

Sincerely,

John Durant, Director

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