CLA-2 CO:R:C:T 088141 CMR
Mr. Robert Sokoloff
Bloomers of California Inc.
8954 Lurine Avenue
Chatsworth, CA. 91311
RE: Modification of HRL 087034 of July 31, 1990;
Classification of women's camisoles--tank-style garments
Dear Mr. Sokoloff:
At the request of the Customs National Import Specialist at
Customs New York office, we have reviewed the decision in HRL
087034 issued to you on July 31, 1990.
FACTS:
HRL 087034 was a reconsideration of NYRL 849400 which
classified a women's polyester satin woven camisole in heading
6206, HTSUSA, as a women's blouse. An additional style was also
classified in HRL 087034.
In HRL 087034, this office modified NYRL 849400 to reflect
the determination that while this office agreed the garments at
issue were outerwear, we disagreed they were classifiable as
blouses in heading 6206, HTSUSA.
ISSUE:
Does HRL 087034 need to be modified?
LAW AND ANALYSIS:
This office maintains its position that the garments at
issue in HRL 087934 were not classifiable as blouses, but were
classifiable as outerwear. However, there is an error in the
statistical annotation of the classification.
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In HRL 088171 of February 27, 1991, in which garments
similar to those at issue here were classified, Customs stated:
Various statistical annotations appear under subheading
6211.43.00, 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, 6211.43.0060, which reads "Blouses,
shirts and shirt-blouses excluded from heading 6206", is
intended to capture certain 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". We anticipate a
change in the language of the statistical annotation to
eliminate the apparent conflict which has arisen in this
case.
HOLDING:
Following HRL 088171, the garments which were the subject of
HRL 087034 are properly classified in the statistical annotation
for "Blouses, shirts and shirt-blouses excluded from heading
6206." Therefore, the garments of HRL 087034 are classified in
subheading 6211.43.0060, HTSUSA.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying HRL
087034 of July 31, 1990, to reflect the above classification
effective with the date of this letter. However, if after your
review of this ruling letter, you disagree with the legal basis
for our decision, we invite you to submit any arguments you might
have with respect to this matter for our review. Any submission
you wish to make should be received within 30 days of the date of
this letter.
This notice to you should be considered a modification of
HRL 087034 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to HRL 087034 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
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merchandise under that ruling. However, for the purposes of
future transactions in merchandise of this type, HRL 087034 will
not be valid precedent. We recognize that pending transactions
may be adversely affected by this modification in that current
contracts for importation arriving at a port subsequent to this
decision will be classified pursuant to it. If such a situation
arises, you may, at your discretion, notify this office and may
apply for relief from the binding effects of this decision as may
be warranted by the circumstances. However, please be advised
that in some instances involving import restraints, such relief
may require separate approvals from other government agencies.
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