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HQ 086366


May 5, 1990

CLA-2 CO:R:C:G 086366 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0050

Mr. Robert T. Stack
Mr. Paul A. Horowitz
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004

RE: Liz Claiborne Woven Bodyshirts

Dear Messrs. Stack and Horowitz:

This is in reply to your letter of January 22, 1990, on behalf of Liz Claiborne, Inc., requesting classification of two women's woven bodyshirts under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The samples at issue are made of 100 percent woven cotton material. Style no. 262540 has a pointed collar with a button down front opening. It has shoulder pads and long sleeves with single button cuffs and two breast pockets with button secured flaps. The lower portion of the garment is a panty-style piece which is permanently attached at the waist of the shirt. It is made of a stretchable knit fabric we assume is cotton, and it features a snap secured crotch with lace edged leg openings which are elasticized.

Style no. 304242 features a partial front opening secured by four buttons concealed by a placket. It also has short sleeves, an elasticized waist, shoulder pads and a single breast pocket. The panty portion of the garment is made of the same material as the upper portion, and it has lace edged leg openings.

The samples will be returned under separate cover as requested.

LAW AND ANALYSIS:

Classification of merchandise is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6206, HTSUSA, provides for women's or girls' blouses, shirts and shirt-blouses. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to heading 6206 specify that the heading does not cover garments with a ribbed waistband or other means of tightening at the bottom.

Heading 6211, HTSUSA, provides for track suits, ski-suits, swimwear, and other garments. Customs position is that since this garment is excluded from heading 6206, HTSUSA, due to the tightening at the bottom, it is properly classified under heading 6211, as an other garment.

Although you are correct in pointing out that bodyshirts were treated separately under TSUSA, and are specifically set out in chapter 61, HTSUSA, the same distinction does not apply with respect to woven garments of chapter 62, HTSUSA. There is no evidence to suggest that the drafters of the HTSUSA intended to create a separate class of merchandise for woven bodyshirts, thereby excluding such garments from the statistical breakout for other shirts and blouses. The submitted samples are manufactured from woven fabrics and contain the styling features ordinarily associated with shirts and blouses, i.e., collars, cuffs, sleeves, shoulder pads, breast pockets, etc. These garments are particularly designed to be worn with skirts, slacks and suits in the same manner as traditional shirts and blouses. In addition, the definitional references you provided for "bodyshirt" in Charlotte Mankey Calasibetta's Essential Terms of Fashion (1986), treats the terms "bodyshirt" and "bodysuit" as subcategories of "shirts". Therefore, the garments at issue are properly classifiable within subheading 6211.42.0050, HTSUSA.

Accordingly, the request for revocation of HRL's 084414 dated 8/8/89 and 085316 dated 9/29/89 is denied.

HOLDING:

The bodyshirts at issue, style nos. 262540 and 304242 are classifiable under the provision for other garments in subheading 6211.42.0050, HTSUSA, which provides for track suits, ski suits and swimwear; other garments: other garments, women's or girls', of cotton, blouses, shirts and shirt-blouses excluded from heading 6206. The textile category is 341 and the rate of duty is 8.6 percent ad valorem.

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.

The designated textile and apparel category may be subdivided into parts. If so, 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 that you check, close to 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 at your local Customs office.

Sincerely,

Jerry Laderberg, Acting Director

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