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HQ 085388


September 29, 1989

CLA-2 CO:R:C:G 085388 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. Jerry Braff
Ardent Intimates, Ltd.
2950 Park Newport
Newport Beach, CA 92660

RE: Modification of Headquarters Ruling Letter (HRL) 084110

Dear Mr. Braff:

On July 31, 1989, HRL 084110 classified a women's camisole as underwear under subheading 6109.10.0037, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). After much discussion and consideration, we have re-examined the proper classification of this article.

FACTS:

The article at issue is a camisole top of 100 percent cotton knit fabric. It features a french neck and narrow shoulder straps.

LAW AND ANALYSIS:

Upon further consideration, we have determined that this article is not of the type intended for inclusion within heading 6109, HTSUSA, which provides for T-shirts, singlets, tank tops and similar garments. Rather, the camisole top is more properly classified under heading 6108, HTSUSA, as a similar article.

HOLDING:

The subject merchandise is classifiable under subheading 6108.91.0030, HTSUSA, which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted, textile category 350. Articles classified under this subheading are dutiable at 9 percent ad valorem.

In accordance with the above determinaton, HRL 084110 is hereby modified pursuant to 19 CFR 177.9(d).

Sincerely,

John Durant, Director
Commercial Rulings Division

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