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HQ 087754


November 13, 1990

CLA-2 CO:R:C:G 087754 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070

Mr. Steven T. Bernstein
H. Z. Bernstein Co. Inc.
One World Trade Center Suite 1973
New York, New York 10048

RE: Classification of cotton knit shirt, garment sized "one size fits all" classified as unisex garment; 6109.10.0070, HTSUSA

Dear Mr. Bernstein:

This is in response to your letter dated July 11, 1990, requesting the classification of a cotton knit pullover shirt under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of a 100 percent cotton knit pullover shirt. It has a 26 inch chest, 26 inch shoulder width, it is 27 inches long with 10.5 inch armholes. All of the shirts will be the same size. The size on the label will say "YOUR". The label also contains the word "menswear" in small print. You state in your letter that the garment is intended to be men's wear. The garment will be imported from Pakistan or the United Arab Emirates.

ISSUE:

What is the proper classification of the garment at issue?

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 according to the terms of the headings and any relative section
or chapter notes. Chapter 61 applies to made up knitted or crocheted articles of apparel. Note 8, Chapter 61, HTSUSA, states that unisex garments are classified under the provisions for women's garments. Although you state that the garment in question is a men's garment, it does not have any particular features of a man's garment. The unconstructed, T-shirt styling is more indicative of unisex garments. It is also Customs position that garments labeled "one size fits all" are not sized to a specific customer and are considered unisex garments. (See HRL 085848, dated December 14, 1989; and HRL 087531, dated October 9, 1990.) The designation of "menswear" on the label is not dispositive of the issue. Garments are classified according to the features of the garment, not the description on the label.

HOLDING:

The shirt at issue is classified under subheading 6109.10.0070, HTSUSA, as women's or girl's garments, similar to T-shirts, in chief weight of cotton, with a duty rate of 21 percent ad valorem, and are subject to textile category 339.

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, to obtain the most current information available, 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.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, 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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