CLA-2 CO:R:C:G 087483 CMR
Associated Merchandising Corporation
1440 Broadway
New York, New York 10018
RE: Classification of a camisole; Modification of NYRL 852291
Dear Ms. Dugan:
This ruling is in response to your letter of July 2, 1990,
on behalf of Richa & Company, requesting reconsideration of NYRL
852291 of June 6, 1990. In that ruling, Customs classified a
women's camisole, style #2207, as outerwear in subheading
6206.30.3040, HTSUSA, which provides for women's blouses, shirts
and shirt-blouses of cotton. This office received a sample
garment with your request for review.
FACTS:
The submitted sample, style #2207, is a women's upper body
garment made of 100 percent woven cotton fabric. The garment has
a full front opening secured by six buttons, no sleeves, a front
and back deeply scooped neckline, shoulder straps which measure
approximately 1 and 1/2 inches in width at the top of the
shoulder exclusive of the lace trim, and a curved bottom. The
garment also features floral pastel embroidery on each front
panel, lace trim on the neckline, bottom and armhole edges, and
four tucks on each front panel and eight tucks on the rear panel.
This same style was classified in NYRL 830695 of July 25,
1988, as underwear of subheading 6208.91.3010, HTSUSA, which
provides for, among other things, women's singlets and other
undershirts of cotton. The garment was resubmitted for a ruling
because the fabric was slightly different and classified as a
woman's blouse of subheading 6206.30.3040, HTSUSA, in NYRL 852291
of June 6, 1990.
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ISSUE:
Is style 2207 classifiable as a woman's underwear camisole
of heading 6208, HTSUSA, or a woman's outerwear blouse of heading
6206, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
In this instance, the garment speaks for itself. Having
examined the garment at issue, we disagree with the classifica-
tion of style 2207 in NYRL 830695 and NYRL 852291. We believe it
is an outerwear garment as held in NYRL 852291; however, we
disagree with its classification as a blouse.
We are basing our decision to classify this garment as an
outwear garment on the appearance of the garment. The colorful
and attractive embroidery on the front panels, the button-down
front and the waist tucks, in our opinion, would cause the
garment to interfere with the fit or drape of clothing worn over
it. Additionally, we believe the colorful embroidery is intended
to be seen and would be difficult to hide under clothing other
than that of very dark and heavy fabrics. We also note on the
AMC order commitment sheet that the program name is AMC Daywear.
As to classification as a blouse, this is where we differ
with NYRL 852291. We do not believe this garment is classifiable
as a blouse. It is a camisole and is somewhat similar in style
to garments classified in HQ 087034 of July 31, 1990. Those
garments, described as camisole-type garments, were classified in
heading 6211, HTSUSA, which provides for other garments.
Classification as blouses of heading 6206, HTSUSA, was rejected.
The presence of straps on the garments and limited shoulder
coverage precluded classification of the garments as blouses.
This garment also has straps and limited shoulder coverage and is
therefore likewise not classifiable as a blouse. The garment is
classified under subheading 6211.42.00, HTSUSA, which provides
for other garments of cotton.
Various statistical annotations appear under subheading
6211.42.00, HTSUSA. The statistical annotations are present
primarily for the collection of data with respect to goods
imported into the Customs territory of the United States. This
data information is utilized in the process of negotiating our
bilateral textile agreements. The statistical annotation,
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6211.42.0050, which reads "Blouses, shirts and shirt-blouses
excluded from heading 6206", is intended to capture upper body
garments excluded from heading 6206 including garments such as
the one at issue here. While the language of the statistical
annotation would appear to conflict with our determination that
for tariff purposes this garment is not a blouse, the language at
the statistical level is provided as a convenience and as we
point out in rulings, the statistical annotations in the tariff
are subject to change. Based on the intended coverage of the
textile category number which appears at the statistical
annotation as expressed to Customs by the Committee for the
Implementation of Textile Agreements, the subject garment is
classified in the statistical annotation for "Blouses, shirts and
shirt-blouses excluded from heading 6206". The language of the
statistical annotation will be changed to eliminate the apparent
conflict which has arisen in this case.
HOLDING:
The garment at issue, style 2207, is classifiable in
subheading 6211.42.0050, HTSUSA, which provides for women's other
garments of cotton. The garment falls within textile category
341 and is dutiable at 8.6 ad valorem.
Pursuant to 19 CFR 177.9(d), NYRL 830695 and NYRL 852291 are
modified to accord with the above classification.
The designated textile and apparel category 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 you 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.
Sincerely,
John Durant, Director
Commercial Rulings Division