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HQ 085274


August 28, 1989

CLA-2 CO:R:C:G 085274 DSN

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060

Ms. Melly Rosario
Operations
Ashton & Tibbs Ltd
499 Seventh Avenue
South Tower
New York, New York 10018

RE: Classification of bodyshirts

Dear Ms. Rosario:

This ruling letter is in response to your inquiry of July 25, 1989, requesting classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for bodyshirts produced in Korea. A sample was submitted for examination.

FACTS:

Style number 063447 is a ladies' 100 percent woven rayon bodyshirt. The garment features a partial front opening secured by four hidden buttons, pointed collar, long tapered sleeves with keyhole wrist opening which is secured by a loop and button. The garment has an elasticized waist and leg openings, and the crotch has no means of closure. According to your submissions the crotch will have buttons.

ISSUE:

Whether the sample at issue is classified under heading 6206, HTSUSA, or under 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 state that the heading does not cover garments with tightening at the bottom of the garment. Therefore, the sample at issue is not classified under heading 6206, HTSUSA.

Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear; other garments. Customs believes that since this garment is excluded from inclusion in heading 6206, HTSUSA due to the tightening at the bottom, it is properly classified under heading 6211, HTSUSA, as an other garment.

HOLDING:

The sample at issue is classified under 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 shirtblouses excluded from heading 6206, textile category 641, and dutiable at the rate of 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

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