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HQ 087773


February 22, 1991

CLA-2 CO:R:C:G 087773 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0060

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

RE: Classification of two men's woven pullover upper body garments

Dear Mr. Stack:

This ruling is in response to your letter of August 14, 1990, on behalf of Sigallo Ltd., requesting the classification of two men's woven pullover upper body garments. The garments will be imported from Sri Lanka or another country through the ports of Charleston or Los Angeles-Long Beach. Samples were received with your letter.

FACTS:

The garments at issue, styles WLC 505 and WLC 506, are men's woven athletic shirts of 100 percent nylon fabric. The garments have deep front scoop necks, oversized armholes, straight hemmed bottoms and shoulder straps which measure approximately 2-1/4 inches in width at the shoulder. The body panels are solid in the back of the garments, while the front panels consist of three contrast color sections, running horizontally in style WLC 505 and vertically in style WLC 506.

ISSUE:

Are the subject garments classifiable as men's shirts in 6205, HTSUSA, or as other garments in 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]."

The General Explanatory Notes to Chapter 62 and the Explanatory Notes to heading 6205, HTSUSA, provide that shirts and shirt-blouses have long or short sleeves and a full or partial opening starting at the neckline. The subject garments are sleeveless and possess no opening at the neckline. Therefore, they are not classifiable as men's shirts in heading 6205, HTSUSA, but are classifiable as other garments in heading 6211, HTSUSA.

The Textile Category Guidelines, C.I.E. 13/88 describe men's shirts as male outer garments which extend from the neck and shoulder areas to or below the waist. The Guidelines further state that a shirt should have a full or partial front opening and must have sleeves. As these garments are sleeveless, Customs will not consider them shirts excluded from heading 6205 and will classify them in subheading 6211.33.0060, HTSUSA.

HOLDING:

The garments at issue, styles WLC 505 and WLC 506, are classified as men's other garments, of man-made fibers, other in subheading 6211.33.0060, HTSUSA, textile category 659, dutiable at 17 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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