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HQ 958168




September 21, 1995

CLA-2 R:C:T 958168 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Alexandra M. Stoianovici
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: Classification of a woman's woven upper body garment; heading 6211, HTSUSA; garment has no defined neckline and lacks shoulder coverage

Dear Ms. Stoianovici:

This is in regard to your letter requesting a tariff classification ruling for a woman's woven upper garment. A sample was provided to this office for examination and will be returned under separate cover.

FACTS:

The submitted merchandise, referenced style number 14-265, consists of a woman's woven upper body garment composed of 100 percent cotton. The garment is sleeveless and features a full front opening secured by seven buttons, a shaped bodice with an underwire, an elasticized back, and shoulder straps that are approximately « inch in width. The garment extends to the vicinity of the waist and, with the exception of the straps, half of the back is bare.

ISSUE:

Whether the submitted garment is properly classifiable in subheading 6211.42.0056, HTSUSA, which provides for, among other things, other blouses, shirts, and shirt-blouses, sleeveless tank styles and similar body garments, excluded from heading 6206, HTSUSA, or subheading 6211.42.0081, HTSUSA, which provides for, among other things, other women's garments?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI.

Heading 6206, HTSUSA, provides for women's or girls' blouses, shirts and shirt-blouses. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 6206, HTSUSA, state:

This heading covers the group of women's or girls' clothing, not knitted or crocheted, which comprises blouses, shirts and shirt-blouses.

This heading does not cover garments with pockets below the waist or with a ribbed waistband or other means of tightening at the bottom of the garment.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories (CIE) 13/88, state:

Blouses are outer garments usually extending from the neck or shoulders to the vicinity of the waistline...Blouses may have a collar treatment of any type or no collar. The closure may be positioned on the front, back, or side, or the garment may even be without closure as in a pullover....

Outerwear garments known as camisoles, bandeaus and similar garments which may be described as tops, are excluded from this category.

Thus, in general, the amount of coverage afforded the wearer by the garment commonly recognized as a "blouse" of heading 6206, HTSUSA, includes shoulder coverage, armhole and neck coverage, as well as coverage to the vicinity of the waist. As the submitted garment lacks both shoulder coverage and a clearly defined neckline, it is precluded from classification in heading 6206, HTSUSA.

Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear, and other garments. There are two plausible subheadings that may apply to this garment: 6211.42.0056, HTSUSA, which provides for blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206, HTSUSA, and subheading 6211.42.0081, which is a residual "basket" provision for "other garments" that are not more specifically
classified elsewhere. Subheading 6211.42.0056, HTSUSA, provides for those garments which are excluded from classification as blouses of heading 6206, HTSUSA, but are nonetheless considered "akin" to blouses because they generally provide most (though not all) of the coverage found in the blouses of heading 6206, HTSUSA. Garments at this subheading level consist of the following:

1. blouses, shirts and shirt-blouses with pockets, tightening or rib knit waistband;

2. sleeveless tank-styled garments
- featuring a defined neckline ("U", "V", or scooped) - reaching the vicinity of the waist
- providing the wearer with some (though limited) shoulder coverage;

3. similar upper body garments
- garments known as "camisoles" sharing a similar silhouette as heading 6206, HTSUSA, blouses - having a defined neckline.

Excluded from subheading 6211.42.0056, HTSUSA, are camisole-type garments without necklines, that is, that are cut straight across the front, garments lacking coverage (other than tank styles) and garments with oversized armholes requiring the wear of an additional outerwear garment. Women's woven abbreviated garments such as bandeaus, bustiers, midriff baring and other cropped style garments, halters, tubes, camisoles styled like tubes with spaghetti or other narrow straps over the shoulders, have in the past, been classified in the "basket" provision, i.e., subheading 6211.42.0081, HTSUSA.

The submitted garment is similar to a bustier or bra styled garment. It has no defined neckline and its shoulder coverage is very limited- consisting only of straps that have been attached to the garment. As such it is properly classifiable in the "basket" provision within heading 6211, HTSUSA.

HOLDING:

The subject garment, referenced style number 14-265, is classified in subheading 6211.42.0081, HTSUSA, which provides for, among other things, other garments, women's or girls': of cotton: other. The applicable rate of duty is 8.6 percent ad valorem and the quota category is 359.

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 you check, close to the time of shipment, the Status on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at the 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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

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