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HQ 951217


April 14, 1992

CLA-2 CO:R:C:T 951217 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060

Ms. Kathleen Surak
Joyce Leslie, Inc.
202 Washington Avenue
Carlstadt, New Jersey 07072

RE: Revocation of DD 870144 of January 10, 1992; Classification of a women's upper body garment; blouse v. jacket; 6206, HTSUSA v. 6202, HTSUSA

Dear Ms. Surak:

This ruling is in response to your request of January 24, 1992, that Customs reconsider the classification decision in DD 870144 of an women's upper body garment, style 4134, as a jacket, similar to a windbreaker, in heading 6202, HTSUSA. Your request has been forwarded to this office for a response.

FACTS:

Style 4134 is an upper body garment made of 100 percent woven georgette polyester fabric. The garment is designed as a wrap-around type garment which may be worn tied in the front or tied in the back. The garment has a back partial collar panel, one back panel, two front panels which are tapered to form tails so the garment may be tied, hemmed edges and no sleeves. A hang tag is attached to the garment illustrating how the garment is to be worn.

ISSUE:

Was the garment, style 4134, correctly classified as a jacket of heading 6202, HTSUSA, in DD 870144, or is it more properly classified as a blouse of heading 6206, HTSUSA, as claimed by the importer?

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, and provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

It is clear from DD 870144, that Customs in issuing that ruling believed style 4134 to be too sheer and lack the requisite coverage to be worn without other outerwear. It was believed the garment was designed to be worn over outerwear such as camisoles, bustiers or similar garments. You claim the garment, style 4134, is not so sheer as to preclude its use over a regular undergarment. Additionally, you state is was not designed to be worn with any other outergarment beneath it.

As you requested, Customs tried the garment on a model. Upon reconsideration, we must agree with you. Although the fabric is very lightweight, and somewhat sheer, sheerness per se does not preclude use of the garment as a blouse. The hangtag illustrates how the garment may be worn. It shows the garment worn wrapped around the front with the fabric crossed over and tied in the back. It also shows the garment may be worn tied in the front and, we assume, cinched up slightly to insure appropriate frontal coverage. Of course, these are only illustrations of how the garment may be worn. The ultimate consumer may come up with a myriad of ways to wear the garment. However, based on an examination of the garment, we agree that it is designed as a wrap around blouse.

Heading 6206, HTSUSA, provides for woven women's or girls' blouses, shirts and shirt-blouses. However, the Explanatory Notes to the HTS, which are the official interpretation of the HTS at the international level, state that heading 6206 does not include, among other things, garments with a means of tightening at the bottom. Since this garment is tied at the bottom when worn and tying is clearly a means of tightening, style 4134 is not classifiable in heading 6206, HTSUSA.

HOLDING:

Style 4134 is correctly classified as a women's woven man- made fiber blouse in subheading 6211.43.0060, HTSUSA, which provides for women's other garments, blouses, shirts and shirt- blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The garment falls within textile category 641 and is dutiable at 17 percent ad valorem.

DD 870144 of January 10, 1992, is hereby revoked in accordance with 19 CFR 177.9(d).

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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