CLA-2 CO:R:C:T 955295 CMR
TARIFF NO: 6208.11.0000, 6208.92.0030
Ms. Laurie Everill
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001
RE: Classification of three styles of women's lingerie garments;
classification of a teddy, chemise and camisole/panty set
Dear Ms. Everill:
This ruling is in response to your request of September 30,
1993, regarding the classification of three styles of women's
lingerie garments. The garments are manufactured by Unichela
Limited and will be imported from Sri Lanka. However, you indicate
that the items may be manufactured in other countries or with other
sources as your needs require. Samples of the garments at issue
were submitted with your request for review by this office.
FACTS:
All of the submitted samples are made of 100 percent man-made
fiber woven fabric. We presume the fabric is 100 percent
polyester.
Lot #2204 (2205) is a chemise style garment made of 100
percent man-made fiber woven fabric. The garment is constructed
with six major panels creating a close fit in the bodice and waist
and six small triangular pieces sewn in at the bottom of the
garment helping to create a fuller, flared effect at the bottom.
The garment features adjustable spaghetti shoulder straps, a
rounded front neckline, a straight line back and scalloped 55
percent polyester/45 percent rayon lace at the bottom.
Lot #2206 (2207) is a teddy made of 100 percent man-made fiber
woven fabric with 100 percent nylon scalloped lace trim along the
leg openings and the top of the garment. The garment -2-
features adjustable spaghetti shoulder straps, a V-front and
straight back, high-cut leg openings, and a three snap cotton lined
crotch.
Lot #2200 (2201) is a camisole and matching panty set. Both
garments are made of 100 percent man-made fiber woven fabric. The
camisole features adjustable spaghetti style shoulder straps, a V-
front and straight back, a straight bottom and 100 percent
polyester lace trim along the top and bottom of the garment. The
panty features an exposed elasticized waist, high-cut leg openings,
scalloped lace trim along the leg openings and a cotton lined
crotch.
You have submitted information regarding the marketing of the
subject garments including the division which purchases and sells
the articles. In addition, you have indicated the garments will
be identified on their price tickets. The chemise will be
identified as a "slip"; the other garments as "daywear".
ISSUE:
Are the submitted garments classifiable as underwear or
sleepwear of heading 6208, 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 and, provided
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
In classification, the most persuasive evidence is the garment
itself. The court in Mast Industries, Inc. v. United States, 9 CIT
549, 552, (1985), aff'd 786 F.2d 1144 (CAFC, April 1, 1986), citing
United States v. Bruce Duncan Co., 50 CCPA 43, 46 C.A.D. 817
(1963), pointed out that "the merchandise itself may be strong
evidence of use."
Classification as underwear is being sought for the subject
garments. Underwear is defined as: "Underclothes." The Fashion
Dictionary, by Mary Brook Picken, at 397. Underclothes are defined
therein at 396 as: "Garments worn under other clothes, including
those worn next to skin." In Webster's II, New Riverside
University Dictionary, 1984, at 1259, underwear is defined as
"Clothing worn under the outer clothes and next to the skin."
-3-
The difficulty presented by the garments at issue is that
based upon a summary visual examination, they are not clearly
underwear or sleepwear, but could be used for either purpose.
However, a closer look at the garments reveals features generally
associated with underwear, i.e., adjustable shoulder straps and
cotton lined crotches. The garments are designed to have a close
fit and are made with soft, drapeable fabric. The garments exhibit
no features which would preclude their use as underwear.
In addition to the primary factor, i.e., the physical
suitability of the subject garments to use as underwear garments,
the additional information submitted by you supports such a
classification determination. The garments will be purchased and
sold in a division of the store which specializes in daywear
garments and the garments will be identified at point of sale to
dispel any ambiguity regarding the intended use of the garment.
As stated in HRL 950503 of June 19, 1992, in a similar case,
the classification determination basically turns on whether the
subject garments are designed and suitable for wear under outer
clothing as underwear and there is a reasonable expectation that
they will be principally used as such, or whether the garments are
designed and suitable for wear in bed and there is reasonable
expectation that they will be principally used in that manner.
Based upon the garments themselves and taking into
consideration the additional information submitted by you, Customs
believes that the garments at issue are designed for use as
underwear garments and there is a reasonable expectation that they
will be principally used as such. While they could be used as
sleepwear, such use would be a fugitive use in our view and not the
use for which the garments are designed, marketed and sold.
HOLDING:
The chemise, lot #2204 (2205), is classified as a women's man-
made fiber slip in subheading 6208.11.0000, HTSUSA, textile
category 652, dutiable at 17 percent ad valorem.
The teddy, lot #2206 (2207), and the camisole and the matching
panty, lot #2200 (2201), are classifiable as women's underwear
garments of man-made fiber in subheading 6208.92.0030, HTSUSA,
textile category 652, dutiable at 17 percent ad valorem.
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 -4-
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