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HQ 950264

November 26, 1991

CLA-2 CO:R:C:T 950264 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030; 6114.30.2010;

Ken Dickinson
Form-O-Uth
2801 Galveston
P.O. Box 1600
McAllen, Texas
78502

RE: Women's stretch garments

Dear Mr. Dickinson:

This is in reference to your letter of July 31, 1991, requesting classification of women's stretch garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

Two samples were provided for our inspection. The first, style no. P-2933, is designated a "maternity legging" and is a bike-shorts style garment made of 92 percent cotton and 8 percent spandex. The front of the garment has a panel of cotton which is sewn so that it stretches in a direction perpendicular to that of the rest of the garment. This article measures 18 inches from waist to leg cuff, and has a 9 inch inseam. The bottom of the shorts have a two inch wide applied lace trim, which is also stretchable and which you call Jacquatronic lace.

Sample style no. P-2936 is a woman's bodysuit with long sleeves and a hook-and-eye closure crotch. You state that this garment is an under garment bodysuit and should be classified as a body supporting garment. The body of the garment in front is made up of a shiny 85 percent nylon/15 percent lycra blend fabric, as is the area of the buttocks and waist in the back. The upper chest area above the breasts, as well as the sleeves, is comprised of a 90 percent nylon/10 percent lycra lace; the back of the garment down to the waist is also made of this lace. The rounded neckline and sleeves have an applied lace trim sewn onto the edges.

2

A sample of style no. P-2931, which is described as a lace thong teddy, was not provided for inspection. On October 31, 1991, you informed us that you no longer required a classification for this item.

ISSUE:

What is the tariff classification of the merchandise at issue.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order.

Style no. P-2933

Heading 6104, HTSUSA, provides for, inter alia, women's knitted trousers, bib and brace overalls, breeches and shorts (other than swimwear). The Explanatory Notes (EN), the official interpretation of the tariff at the international level, state that the provisions of the Explanatory Note to heading 61.03 apply mutatis mutandis to the articles of this heading. EN 61.03 part (F) states that the term "shorts" means "trousers" which do not cover the knee. Since the "maternity legging" measures 18 inches with a 9 inch inseam, it is apparent that they do not cover the knee, and are therefore classifiable as shorts.

Heading 6108, which you suggested, is not an appropriate consideration for this merchandise. Although this heading provides for undergarments which cover the lower torso, the articles must be of the type listed. Since the garment at issue is not akin to briefs or panties, which do not normally have leg extensions, heading 6108 does not provide for the goods at issue.

Style no.P-2936

Heading 6212, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles does not encompass the bodysuit at issue. The articles of that heading have in common a design for support, which the present merchandise lacks. The EN confirm this by stating that the heading covers articles of a kind designed for wear as body- supporting garments or as supports for certain other articles of apparel. The body suit at issue is constructed with a stretchable fabric that may provide comfort or ease of movement, but there are no features which may be interpreted as providing support for the body.

3

In the alternative, heading 6114 of the tariff is applicable to the present merchandise. It is a residual category which provides for other knitted garments not more specifically included in preceding headings of this chapter. Since no other heading encompasses these goods, classification in this heading is correct.

HOLDING:

Style no. P-2933 is classified under subheading 6104.62.2030, HTSUSA, which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of cotton: other, shorts: women's, textile category 348, and dutiable at the rate of 16.7 percent ad valorem.

Style no. P-2936 is classified under subheading 6114.30.2010, which provides for other garments, knitted or crocheted: of man-made fibers: bodysuits and bodyshirts, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread, textile category 659. The applicable rate of duty is 30 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 the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an 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 the 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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