CLA-2 CO:R:C:G 087034 HP
Mr. Robert Sokoloff
Bloomers of California Inc.
8954 Lurline Avenue
Chatsworth, CA 91311
RE: NYRL 849400 modified. Camisole-type garments are
not blouses merely because of defined neckline or lack
of spaghetti type shoulder straps. Underwear;
outerwear; textile; guidelines
Dear Mr. Sokoloff:
This is in reply to your letter of April 4, 1990,
requesting reconsideration of New York Ruling Letter
849400 of February 20, 1990.
FACTS:
The merchandise at issue consists of two styles of
women's 100% polyester satin woven camisoles, produced
in Hong Kong. Style 7400 is a blue tank-styled
pullover garment, featuring a front and rear V-shaped
neckline, rounded tailed bottom, 1 " wide shoulder
straps, and narrow self-fabric capping finishing the
neckline, armholes, and bottom edge. Style 7489 is a
white tank-styled pullover garment, featuring a front
and rear U-shaped neckline, straight hemmed bottom, 1 "
wide shoulder straps, and narrow self-fabric capping
finishing the neckline and armholes. Neither garment
is sheer.
In NYRL 849400, Style 7400 was classified under
subheading 6206.40.3030, HTSUSA, as a women's blouse.
Style 7489 was not previously classified.
ISSUE:
Whether the garments are outerwear or underwear
under the HTSUSA?
LAW AND ANALYSIS:
Heading 6208, HTSUSA, provides for, inter alia,
women's undershirts and similar garments. The Customs
Service periodically issues the Guidelines for the
Reporting of Imported Products in Various Textile and
Apparel Categories. The Guidelines, most recently
published at 53 Fed. Reg. 52563 (Dec. 28, 1988), CIE
13/88 (Nov. 23, 1988), note that since certain types of
garments are closely related in use, the Guidelines
"are to be used as an aid in determining the commercial
designation and, hence, the classification of an
article." Used as such, they "represent the present
position of the Customs Service."
The Guidelines, at 25, provide:
Category designation: Underwear
The term "underwear" refers to
garments which are ordinarily worn
under other garments and are not
exposed to view when the wearer is
conventionally dressed for
appearance in public, indoors or
out-of-doors. Whether or not a
garment is worn next to the body of
the wearer is not a determinant;
* * *
The garments are heavy enough so as to preclude
any transparency when worn against the skin.
Advertisements and fashion articles submitted with this
request clearly demonstrate that this type of garment
is no longer just intimate apparel, but has become an
alternative to blouses and work as under-the-suit
complements. It is our opinion that the instant
garments cannot be classified as underwear by means of
the above guidelines.
Heading 6206, HTSUSA, provides for blouses. The
Explanatory Notes (EN) to the HTSUSA constitute the
official interpretation of the tariff at the
international level. While not legally binding, they
do represent the considered views of classification
experts of the Harmonized System Committee. It has
therefore been the practice of the Customs Service to
follow, whenever possible, the terms of the Explanatory
Notes when interpreting the HTSUSA.
The EN to heading 6206 states:
This heading covers the group
of women's or girls' clothing, not
knitted or crocheted, which
comprises blouses, shirts and
shirt-blouses.
* * *
Furthermore, the heading does
not include:
(a) Singlets [(athletic-type
undershirts)] or other vests
(heading 62.08).
The General EN to Chapter 62, HTSUSA, defines
shirts and shirt-blouses as:
... designed to cover the upper
part of the body, having long or
short sleeves and a full or partial
opening starting at the neckline.
Blouses are also designed to cover
the upper part of the body but may
be sleeveless and without an
opening at the neckline.
The Guidelines, supra, at 25, provide:
Blouses are outer garments usually
extending from the neck or
shoulders to the vicinity of the
waistline. *** Blouses may have a
collar treatment or no collar. ***
[T]he 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.
It has been suggested that the instant merchandise
cannot be considered "camisoles," and should be
classified as blouses, since the shoulder straps are
not spaghetti-type straps and the garments have
clearly defined necklines. We do not agree.
Throughout the advertising materials submitted with
this request, many garments with 1" - 2" shoulder
straps are called camisoles. Cf. HRL 086977 of June
19, 1990 (classifying garment with ¬" straps as
camisole). Some of these garments also have V- or U-
shaped necklines. See also HRL 085979 of March 8, 1990
(classifying garment with deep front V-neckline as
camisole). Although it may be argued that the term
camisole is used indiscriminately throughout the
industry, the definition of a classification term is a
question of law which we are free to determine for
ourselves by resort to lexicographic and other
materials. Simod America Corp. v. United States, Slip.
Op. 88-1637 (Fed. Cir. 1989), citing Convertors Div. of
Am. Hosp. Supply Corp. v. United States, 861 F.2d 710,
712 (Fed. Cir. 1988). Tariff terms are construed
according to their common and commercial meanings which
are presumed to be correct. Nippon Kogaku (USA), Inc.
v. United States, 673 F.2d 380, 382 (CCPA 1982). In
Pickens, The Fashion Dictionary, camisoles are
generally described with straps, and not limited to
spaghetti-type straps. This, in addition to the
garments' extremely limited shoulder coverage, causes
us to disqualify these garments as blouses, and allow
classification as camisole-type outerwear.
HOLDING:
As a result of the foregoing, the instant
merchandise is classified under subheading
6211.43.0090, HTSUSA, textile category 659, as track
suits, ski-suits and swimwear, other garments, other
garments, women's or girls', of man-made fibers, other.
The applicable rate of duty is 17 percent ad valorem.
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, 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.
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 importing the merchandise to determine
the current status of any import restraints or
requirements.
This notice to you should be considered a
modification of NYRL 849400 of February 20, 1990, as to
the merchandise described as Style 7400, under 19
C.F.R. 177.9(d)(1) (1989). It is not to be applied
retroactively to NYRL 849400 (19 C.F.R. 177.9(d)(2)
(1989)) and will not, therefore, affect the transaction
for the importation of your merchandise under that
ruling. However, for the purposes of future
transactions in merchandise of this type, NYRL 849400
will not be valid precedent. We recognize that pending
transactions may be adversely affected by this
modification, in that current contracts for
importations arriving at a port subsequent to the
release of HRL 087034 will be classified under the new
ruling. If such a situation arises, you may, at your
discretion, notify this office and apply for relief
from the binding effects of the new ruling as may be
dictated by the circumstances.
Sincerely,
JOHN DURANT, DIRECTOR
COMMERCIAL RULINGS DIVISION