CLA-2 CO:R:C:T 089947 CMR
David M. Murphy, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York 10017
RE: Classification of a woman's knit garment for the lower torso
and legs; underwear v. outerwear; 6108, HTSUSA, v. 6104, HTSUSA
Dear Mr. Murphy:
This ruling is in response to your submission of July 1,
1991, on behalf of North American Underwear, regarding the
classification of a woman's garment designed to cover the lower
torso and legs. A sample garment was received with your
submission.
FACTS:
The submitted sample, style J76461-2, is a knit garment
designed to cover the lower torso and legs to slightly below the
knee. The garment is made of 100 percent cotton rib knit fabric
and features an elasticized self-fabric waistband, 2-1/2 inch
lace trim at the leg bottoms, a gusset in the crotch, and a tiny
ribbon bow on the front center just below the waistband.
The garment will be sold in sizes small (5), medium (6) and
large (7) and will bear labels and hangtags which describe the
garment as underwear. It is described in your submission as an
underwear bottom.
The garment will be imported from Hong Kong and China.
ISSUE:
Is the garment at issue, style J76461-2, classifiable as a
women's underwear garment of heading 6108, HTSUSA, or as women's
pants of heading 6104, HTSUSA?
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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, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
In Mast Industries v. United States, 9 CIT 549, 552 (1985),
aff'd, 786 F. 2d 1144 (1986), the court noted, citing United
States v. Bruce Duncan Co., 50 CCPA 43, 46, C.A.D. 817 (1963),
"the merchandise itself may be strong evidence of use." The
court in Mast (at 551) also noted "that most consumers tend to
purchase and use a garment in the manner in which it is
marketed."
The submitted garment is made of sheer rib knit cotton
fabric much like the fabric often used to make men's undershirt
singlets. It is a type of fabric often used in underwear
garments. Additionally, you indicate in your submission that the
sizing of the garment--small, medium, large--follows typical
sizing for women's underpants, i.e., five, six, seven.
The garment will be marketed as an underwear garment with
hangtags indicating it is intimate apparel. Customs agrees this
garment is designed for use as an underwear garment.
This garment meets the definition of the term "drawers"; a
term not often used today. Drawers is defined as a "trouser-like
undergarment, worn by both men and women." Mary Brooks Pickens,
The Fashion Dictionary, at 108. In addition, the garment is
similar to garments advertised as thermal wear to be worn under
other garments during cold weather. See, J.C. Penney Fall &
Winter 1990 Catalog, at 262, 263.
HOLDING:
The subject garment, style J76461-2, is classifiable as a
women's undergarment similar to briefs in subheading
6108.91.0005, HTSUSA, textile category 352, dutiable at 9 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
suggest you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
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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