CLA-2 CO:R:C:G 083942 SM 834946
TARIFF NO: 6115.19.0010
Mr. John L. Wineapple
Scotch Maid, Inc.
Suite 2620
350 Fifth Avenue
New York, NY 10118
RE: Reconsideration of New York Ruling Letter (NYRL) 834946
Dear Mr. Wineapple:
Your letter of February 10, addressed to our New York
office, requesting reconsideration of NYRL 834946 of January
12, 1989, has been referred to this office for reply.
FACTS:
NYRL 834946 classified a pair of exercise tights, Style
2441, under subheading 6115.19.0010, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), textile
category 359, a provision for cotton tights and panty hose,
whether men's or women's. You do not agree with this classi-
fication, although you do not state which provision you
believe is applicable. You state that the goods are sold in
"bodywear" departments, and that they are either bodysuits/
bodyshirts or "other" garments.
ISSUE:
Was the sample correctly classified as tights? If not,
how should it be classified?
LAW AND ANALYSIS:
Classification under the HTSUSA is in accordance with
the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first according the terms of
the headings of the tariff and any relative section and
chapter notes and then, if necessary, in accordance with the
remaining GRI's.
Heading 6115, HTSUSA, provides for a number of articles,
knitted or crocheted, including tights. The Explanatory
Notes, the official interpretation of the HTSUSA at the inter-
national level, state that this heading covers, among other
-2-
things, tights, designed to cover the feet and legs and the
lower part of the body up to the waist, including tights with-
out feet. The fact that this heading covers other articles,
specifically named, such as panty hose, does not mean that
tights are not included. The heading specifically names
tights.
The sample is form-fitting and designed to cling tightly
to the wearer's body from the waist down the leg. It is
clearly a pair of tights. It is not a bodysuit/bodyshirt; the
latter garments cover the torso above the waist and may have
no sleeves or varying types of sleeve treatment.
There is no provision in the tariff for "bodywear." If
there is a heading that specifically describes an article, it
must be classified under that heading.
HOLDING:
Style 2441 was correctly classified. NYRL 834946 is
affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director of Customs
NY Seaport Area
cc: Legal Reference Section
cc: CITA
cc: NIS Mike Crowley
cc: Phil Robins