CLA-2 CO:R:C:T 951217 CMR
Ms. Kathleen Surak
Joyce Leslie, Inc.
202 Washington Avenue
Carlstadt, New Jersey 07072
RE: Revocation of DD 870144 of January 10, 1992; Classification
of a women's upper body garment; blouse v. jacket; 6206,
HTSUSA v. 6202, HTSUSA
Dear Ms. Surak:
This ruling is in response to your request of January 24,
1992, that Customs reconsider the classification decision in DD
870144 of an women's upper body garment, style 4134, as a jacket,
similar to a windbreaker, in heading 6202, HTSUSA. Your request
has been forwarded to this office for a response.
FACTS:
Style 4134 is an upper body garment made of 100 percent
woven georgette polyester fabric. The garment is designed as a
wrap-around type garment which may be worn tied in the front or
tied in the back. The garment has a back partial collar panel,
one back panel, two front panels which are tapered to form tails
so the garment may be tied, hemmed edges and no sleeves. A hang
tag is attached to the garment illustrating how the garment is to
be worn.
ISSUE:
Was the garment, style 4134, correctly classified as a
jacket of heading 6202, HTSUSA, in DD 870144, or is it more
properly classified as a blouse of heading 6206, HTSUSA, as
claimed by the importer?
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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, and provided
such headings or notes do not otherwise require, according to
[the remaining GRIs taken in order]."
It is clear from DD 870144, that Customs in issuing that
ruling believed style 4134 to be too sheer and lack the requisite
coverage to be worn without other outerwear. It was believed the
garment was designed to be worn over outerwear such as camisoles,
bustiers or similar garments. You claim the garment, style 4134,
is not so sheer as to preclude its use over a regular
undergarment. Additionally, you state is was not designed to be
worn with any other outergarment beneath it.
As you requested, Customs tried the garment on a model.
Upon reconsideration, we must agree with you. Although the
fabric is very lightweight, and somewhat sheer, sheerness per se
does not preclude use of the garment as a blouse. The hangtag
illustrates how the garment may be worn. It shows the garment
worn wrapped around the front with the fabric crossed over and
tied in the back. It also shows the garment may be worn tied in
the front and, we assume, cinched up slightly to insure
appropriate frontal coverage. Of course, these are only
illustrations of how the garment may be worn. The ultimate
consumer may come up with a myriad of ways to wear the garment.
However, based on an examination of the garment, we agree that it
is designed as a wrap around blouse.
Heading 6206, HTSUSA, provides for woven women's or girls'
blouses, shirts and shirt-blouses. However, the Explanatory
Notes to the HTS, which are the official interpretation of the
HTS at the international level, state that heading 6206 does not
include, among other things, garments with a means of tightening
at the bottom. Since this garment is tied at the bottom when
worn and tying is clearly a means of tightening, style 4134 is
not classifiable in heading 6206, HTSUSA.
HOLDING:
Style 4134 is correctly classified as a women's woven man-
made fiber blouse in subheading 6211.43.0060, HTSUSA, which
provides for women's other garments, blouses, shirts and shirt-
blouses, sleeveless tank styles and similar upper body garments,
excluded from heading 6206. The garment falls within textile
category 641 and is dutiable at 17 percent ad valorem.
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DD 870144 of January 10, 1992, is hereby revoked in
accordance with 19 CFR 177.9(d).
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