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HQ 087484


November 1, 1990

CLA-2: CO:R:C:G 087484 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Mr. Richard Wortman
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, New York 10017

RE: Classification of women's woven garment

Dear Mr. Wortman:

This is in response to your letter of July 3, 1990, in which you requested, on behalf of Adonis Enterprises, Inc., a tariff classification ruling, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a women's garment.

FACTS:

The merchandise at issue is represented by a sample of a women's garment made of 100 percent woven cotton fabric. The garment is designed to be worn with a shirt or blouse. It consists of an upper and lower portion divided by a horizontal seam at the waist. The front panel of the upper portion has a deep, U shaped neckline, the lowest point of which extends to approximately four inches above the natural waistline. A partial front opening is secured by buttons above and below the waist. The upper rear panel extends from the nape of the neck to the waist. The garment has deep arm holes, four beltloops around the waist and two front slant pockets. The lower portion of the garment extends to the knees and is finished at the bottom like wide, flared shorts. The ruling request was accompanied by advertising material which describes the garment and other similar garments as "shortalls".

ISSUE:

What is the classification of the garment in question?

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. Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear; other garments. Subheading 6211.42.0080, HTSUSA, provides for other cotton wearing apparel. Although the advertisement information provided describes the garment as a shortall, it is not a shortall for tariff purposes because it does not have a front bib that extends at least six inches above the waist. Nor is the garment a coverall or jumpsuit because it does not have the requisite coverage for wear without another outer garment.

HOLDING:

The garment in question is classified under subheading 6211.42.0080, HTSUSA, with a duty rate of 8.6 percent ad valorem, and subject to textile visa category 359.

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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