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HQ 087530

November 9, 1990

CLA-2 CO:R:C:G 087530 CMR 853927

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.0010

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004

RE: Classification of a women's upper body garment

Dear Mr. Stack:

This ruling is in response to your request of June 27, 1990, on behalf of Liz Claiborne, Inc., for classification of a women's upper body garment, style # 525401. A sample of the garment, which will be imported from Hong Kong or other Far Eastern country through the New York Seaport and/or JFK Airport, was received by this office.

FACTS:

Style #525401 is a tank top-styled pullover garment of 100 percent silk woven fabric. The garment features a U-shaped front and back, oversized armholes, a hemmed bottom with three-inch side slits, capping at the neckline and armholes, and shoulder straps which measure approximately 1 and 1/2 inches in width at the top of the shoulder. The garment extends from the vicinity of the neckline to the hips and has a left breast patch pocket secured by a button. The silk fabric has the feel of soft suede.

ISSUE:

Is the subject garment classifiable as a blouse in heading 6206, HTSUSA, or an other garment of heading 6211, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the
headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Heading 6206, HTSUSA, provides for, among other things, women's blouses. The Explanatory Notes to the HTSUSA are the official interpretation of the tariff at the international level. While not legally binding, they do represent the considered views of classification experts of the Harmonized System Committee. It has therefore been the practice of the Customs Service to follow, whenever possible, the terms of the Explanatory Notes when interpreting the HTSUSA.

The Explanatory Notes to heading 6206 provides, in relevant part:

This heading covers the group of women's or girls' clothing, not knitted or crocheted, which comprises blouses, shirts and shirt-blouses.

The General Explanatory Notes to Chapter 62, HTSUSA, describes shirts and shirt-blouses as:

. . . garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline. Blouses are also designed to cover the upper part of the body but may be sleeveless and without an opening at the neckline.

The Textile Category Guidelines, CIE 13/88, are sometimes used as an aid in deciding the classification of some articles. They offer guidance in determining the commercial designation of articles. In regard to women's nonknit blouses, the Guidelines state, in relevant part:

Blouses are outer garments usually extending from the neck or shoulders to the vicinity of the waistline. However, included in the category are overblouses and similar garments which may extend to the mid-thigh area or below, and which are frequently slit up the leg. Blouses may have a collar treatment of any type or no collar. The closure may be positioned on the front, back, or side, or the garment may even be without closure as in a pullover.

Outerwear garments known as camisoles, bandeaus and similar garments which may be described as tops, are excluded from this category. [Emphasis added].

The garment at issue is styled as a tank top. It is similar to garments classified in HQ 087034 of July 31, 1990. Those garments, described as camisole-type garments, were classified in heading 6211, HTSUSA, which provides for other garments. Classification as blouses of heading 6206, HTSUSA, was rejected. The presence of straps on the garments and limited shoulder coverage precluded classification of the garments as blouses. This garment is recognizable as a tank top and if it were of knit construction it would be classifiable as such, not as a blouse, without dispute. The fact the garment is of woven fabric, not knit, should not be the basis for classifying it as a blouse.

HOLDING:

The garment at issue is classifiable in subheading 6211.49.0010, HTSUSA, which provides for, among other things, women's other garments, of other textile materials, containing 70 percent or more by weight of silk or silk waste. The garment is dutiable at 7.8 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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, to obtain the most current information available, we suggest 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 updated weekly and is available for inspection at your local Customs office.

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
Commercial Rulings Division

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