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HQ 088141


March 26, 1991

CLA-2 CO:R:C:T 088141 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060

Mr. Robert Sokoloff
Bloomers of California Inc.
8954 Lurine Avenue
Chatsworth, CA. 91311

RE: Modification of HRL 087034 of July 31, 1990; Classification of women's camisoles--tank-style garments

Dear Mr. Sokoloff:

At the request of the Customs National Import Specialist at Customs New York office, we have reviewed the decision in HRL 087034 issued to you on July 31, 1990.

FACTS:

HRL 087034 was a reconsideration of NYRL 849400 which classified a women's polyester satin woven camisole in heading 6206, HTSUSA, as a women's blouse. An additional style was also classified in HRL 087034.

In HRL 087034, this office modified NYRL 849400 to reflect the determination that while this office agreed the garments at issue were outerwear, we disagreed they were classifiable as blouses in heading 6206, HTSUSA.

ISSUE:

Does HRL 087034 need to be modified?

LAW AND ANALYSIS:

This office maintains its position that the garments at issue in HRL 087934 were not classifiable as blouses, but were classifiable as outerwear. However, there is an error in the statistical annotation of the classification.

In HRL 088171 of February 27, 1991, in which garments similar to those at issue here were classified, Customs stated:

Various statistical annotations appear under subheading 6211.43.00, HTSUSA. The statistical annotations are present primarily for the collection of data with respect to goods imported into the Customs territory of the United States. This data information is utilized in the process of negotiating our bilateral textile agreements. The statistical annotation, 6211.43.0060, which reads "Blouses, shirts and shirt-blouses excluded from heading 6206", is intended to capture certain upper body garments excluded from heading 6206 including garments such as the one at issue here. While the language of the statistical annotation would appear to conflict with our determination that for tariff purposes this garment is not a blouse, the language at the statistical level is provided as a convenience and as we point out in rulings, the statistical annotations in the tariff are subject to change. Based on the intended coverage of the textile category number which appears at the statistical annotation as expressed to Customs by the Committee for the Implementation of Textile Agreements, the subject garment is classified in the statistical annotation for "Blouses, shirts and shirt- blouses excluded from heading 6206". We anticipate a change in the language of the statistical annotation to eliminate the apparent conflict which has arisen in this case.

HOLDING:

Following HRL 088171, the garments which were the subject of HRL 087034 are properly classified in the statistical annotation for "Blouses, shirts and shirt-blouses excluded from heading 6206." Therefore, the garments of HRL 087034 are classified in subheading 6211.43.0060, HTSUSA.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying HRL 087034 of July 31, 1990, to reflect the above classification effective with the date of this letter. However, if after your review of this ruling letter, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of HRL 087034 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to HRL 087034 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your
merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, HRL 087034 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification in that current contracts for importation arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and may apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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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