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HQ 953847


June 14, 1993

CLA-2 CO:R:C:T 953847 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.4025

C.B. Lay, President
C.B. Lay Customs Brokers, Inc.
230 International Avenue
P.O. Drawer JJ
Douglas, AZ 85608

RE: Modification of HRL 951816; nonwoven textile bikini/try-on panty; Legal Note 5 to Chapter 62; headings 6208 and 6210; Explanatory Notes to heading 6210; HRL 953305

Dear Mr. Lay:

In Headquarters Ruling Letter (HRL) 951816, dated January 22, 1993, we advised you that a bikini/try-on panty was classified in subheading 6208.92.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "[w]omen's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: [o]ther: [o]f man-made fibers: [d]isposable briefs and panties designed for one-time use." Since that ruling was issued, we have reconsidered our position concerning the classification of the bikini panty and find that it was incorrectly classified.

FACTS:

The article at issue is a disposable bikini/try on panty, which is assembled in Mexico from materials of U.S. origin. The panty is constructed of spun bonded nonwoven fabric and is in the shape of a "G" string with an elasticized waist band. It is used by people trying on wearing apparel, particularly swimwear.

ISSUE:

What is the tariff classification of the disposable bikini/try on panty?

LAW AND ANALYSIS:

The classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order. Two headings are at issue here: heading 6208, HTSUS, and heading 6210, HTSUS.

Heading 6208, HTSUS, provides for "[w]omen's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles." The subject panty is described by the terms of this heading.

Heading 6210, HTSUS, provides for "[g]arments, made up of fabrics, of heading 5602, 5603, 5903, 5906 or 5907." In understanding the language of the HTS, the Harmonized Commodity Description and Coding System Explanatory Notes (ENs) may be utilized. The ENs, although not legally binding, comprise the official interpretation of the Harmonized System at the international level. The ENs to heading 6210 state, on page 856, that:

With the exception of babies' garments of heading 62.09, this heading covers all garments made up of felt or nonwovens, whether or not impregnated, coated, covered or laminated, or of textile fabrics (other than knitted or crocheted fabrics) of heading 59.03, 59.06 or 59.07, without distinction between male or female wear.

It should be noted that articles which are, prima facie, classifiable both in this heading and in other headings of this Chapter, excluding heading 62.09, are to be classified in this heading (see Chapter Note 5).

In order to determine if the subject panty is classifiable in heading 6210, HTSUS, we must determine if it is made up of fabrics of heading 5603, HTSUS, which provides for "[n]onwovens, whether or not impregnated, coated, covered or laminated." According to the information provided, the material used for the subject panty is made from spun bonded nonwoven fabric. Therefore, the panty is made up of a fabric of heading 5603 and it is prima facie classifiable in heading 6210, HTSUS.

Legal Note 5 to Chapter 62, HTSUS, states that "[g]arments which are, prima facie, classifiable both in heading 6210 and in other headings of this chapter, excluding heading 6209, are to be classified in heading 6210." Inasmuch as the panty is prima facie classifiable in both heading 6208, HTSUS, and 6210, HTSUS, it is classifiable in heading 6210, HTSUS. Specifically, the panty is classifiable in subheading 6210.10.4025, HTSUS, which provides for "[g]arments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: [o]f fabrics of heading 5602 or 5603: [o]ther: [o]ther: [o]ther." See, Headquarters Ruling Letter 953305, dated June 7, 1993, which classified panties made of nonwoven nylon and nonwoven polypropylene, respectively, in subheading 6210.10.4025, HTSUS.

HOLDING:

The nonwoven bikini/try on panty is classified in subheading 6210.10.4025, HTSUS, which provides for "[g]arments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: [o]f fabrics of heading 5602 or 5603: [o]ther: [o]ther: [o]ther. The rate of duty is 17% ad valorem and the applicable textile category is 659.

The designated textile and apparel categories 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 the importer 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.

This ruling should be considered a modification of HRL 951816 under 19 CFR 177.9(d)(1). It will not be applied retroactively to HRL 951816 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of the bikini/try on panty classified under that ruling. However, for purposes of future transactions in merchandise of this type, HRL 951816 will not be valid precedent.

Sincerely,

John Durant, Director
Commercial Rulings Division

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