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HQ 085613


December 20, 1989

CLA-2: CO:R:C:G 085613 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0030

Ms. Cheryl Hodgson
Campri International, Inc.
215 West 40th Street
New York, New York 10018

RE: Apparel; Modification of NYRL 844483, dated September 11, 1989

Dear Ms. Hodgson:

This is in further response to your letter of August 15, 1989, to our New York regional office, in which you requested a tariff classification ruling, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a women's camisole. Our New York office's response to your August 15, 1989, request, New York Ruling Letter (NYRL) 844483, dated September 11, 1989, classified the garment in question under subheading 6108.92.0015, HTSUSA. We have had occasion to review that ruling and have determined that it is in error.

FACTS:

The merchandise at issue is represented by a sample of a women's camisole made of black woven rayon fabric. The construction and appearance of the garment indicate that it will be worn under other garments. The garment has narrow shoulder straps, and a V-neckline in front.

ISSUE:

Whether the camisole in question is classifiable under subheading 6108.92.0015, HTSUSA or subheading 6208.92.0030, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Subheading 6108.92.0015, HTSUSA, provides for knitted underwear, other, women's. Note 1 to Chapter 61 states "This chapter applies only to knitted or crocheted articles." The sample submitted is made from woven rayon fabric and therefore cannot be classified in Chapter 61. It is correctly provided for in subheading 6208.92.0030, HTSUSA, which provides for women's or girls singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, other, of man-made fibers, other, women's.

HOLDING:

The camisole in question is classified under subheading 6208.92.0030, HTSUSA, with a duty rate of 17 percent ad valorem, and subject to textile visa category 652. Pursuant to section 177.9, Customs Regulations, (19 CFR 177.9 (1989)), copy enclosed, the ruling letter of September 11, 1989, is modified in conformity with the foregoing.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact the 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, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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