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HQ 962829




September 13, 2002

CLA-2 RR:CR:TE 962829 SG

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056

Fiona Chau, Trade Specialist
Hong Kong Economic and Trade Affairs
Hong Kong Economic and Trade Office
1520 18th Street, N.W.
Washington, D.C. 20036

RE: Reconsideration of New York Pre-Classification Decision (PC) D83846, dated November 12, 1998, and supplemented by D88717, dated March 3, 1999, Classification of a Women's Upper Body Garment

Dear Ms. Chau:

This is in reply to your letters of April 7, 1999, addressed to the Office of Textiles and Apparel, Department of Commerce, and of April 30, 1999, addressed to this office, requesting reconsideration of the pre-classification ruling issued to Levi Strauss & Co. regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a ladies 100 percent cotton tank style top designated as style 47138-5852 and style 47138-5853 (only difference is the fabric used). Your file reference V49/99, C11/99, and C12/99 is noted. The garments were classified under subheadings 6211.42.0054 and subheadings 6211.42.0056, HTSUSA, respectively, in the provision for blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206, and with respective quota category 341 (blouses). It is your opinion that the subject merchandise should be classified as a top with quota category 359 (basket provision). A sample was submitted. We apologize for the delay in responding.

FACTS:

The submitted merchandise, referenced style number 47138-5853, consists of a women's size M, woven, upper body garment composed of 100 percent cotton. The garment is sleeveless, extends to below the waist (body length of 22 inches). The garment has armhole openings sufficient to permit arm mobility. It features an Empire bodice, slightly scooped necklines at the front and rear, shoulder straps that are 1/4 inch wide (the shoulder straps are actually extensions of the self trim of the same width that surrounds the armholes and neckline), a keyhole opening at the bust which is secured by a tie and three buttons at the rear. The garment falls free beneath the button closure. We note that the opening in the front is reduced to a slit when tied properly and the rear of the garment reveals only the bottom third of the back above the waist. When placed on the correct sized mannequin the garment does not gap open.

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. Garments, which are supported by narrow straps, are not commercially known as blouses and are not specifically described within heading 6206. Rather, they are known as camisoles and fall to be classified in heading 6211 as other garments. See, e.g., HQ 961504, dated August 3, 1998. As the submitted garment lacks shoulder coverage and is considered a camisole, 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 shoulder coverage (other than tank styles) and garments with oversized armholes requiring the wearing 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 subject merchandise is neither considered a bandeau nor a bustier type garment. Additionally, it is not similar to any of the abbreviated midriff baring or cropped garments which are classified in the basket provision of heading 6211, HTSUS. The submitted garment features a defined, scooped neckline, with limited shoulder coverage; self trim at the neckline and armholes; a three button back closure; and a body which reaches below the waist. For these reasons, we find that the garment at issue is best described as similar to blouses, shirts, shirt-blouses, and sleeveless tank styles. See HQ 962284, dated January 20, 1999 (women's woven upper body garment with 3/8 inch straps and a slightly scooped neckline properly classified in subheading 6211.42.0056, HTSUSA); HQ 962495, dated June 11, 1999 (women's woven upper body garment with spaghetti straps and a scooped neckline properly classified in subheading 6211.42.0056, HTSUSA). Accordingly, the subject garment is properly classified in subheading 6211.42.0056, HTSUSA

PC D83846, dated November 12, 1998, and supplemented by D88717, dated March 3, 1999, is affirmed.

HOLDING:

The subject garment, referenced style number 47138-5853, is properly classified in subheading 6211.42.0056, HTSUSA, which provides for, among other things, track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: blouses, shirts and shirt- blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: Other. The applicable 2002 column one rate of duty is 8.2 percent ad valorem and the quota category is 341.

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 negotiations and changes, we suggest that your client 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 at the local Customs office. The Status Report On Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin Board (CEBB) which can be found on the U.S. Customs website at www.customs.gov

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should
contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,


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