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HQ 083053


August 22, 1989

CLA-2 CO:R:C:G 083053 DSN

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

John B. Pellegrini, Esquire
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608

RE: Reconsideration of NYRL 830897 of July 21, 1988

Dear Mr. Pellegrini:

This ruling letter is in response to your inquiry of September 2, 1988, on behalf of Associated Merchandising Corp., requesting reconsideration of NYRL 830897 of July 21, 1988, concerning tariff classification of camisoles under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Two samples produced in India were submitted for review.

FACTS:

Style number 2714 is a women's camisole composed of 100 percent cotton woven fabric. The garment has "spaghetti" shoulder straps. The garment covers the torso from the top of the bust to below the waist. The garment features decorative edging around the top, an embroidered organdy insert on the front, a self-hemmed straight bottom, and embroidery on the upper front. The garment is designed to be purchased with a slip and or tap pants. The camisole was classified under subheading 6211.42.0050, HTSUSA.

Style number 2207 is submitted to show that this sample and the sample at issue are purchased from the same manufacturer and are of the same series, but are classified differently. NYRL 830695 of July 25, 1988 classified this garment under subheading 6208.91.3010, HTSUSA.

Style 2207 is a women's camisole composed of cotton woven fabric with a five button full front opening. It has lace edging and embroidery across the neck area. The garment covers the torso from the top of the bust to below the waist.

ISSUE:

Whether style number 2714 was properly classified under subheading 6211.42.0050, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, November 23, 1988 at p.25, state that the term "underwear" refers to garments which are ordinarily worn under other garments and are not exposed to view when the wearer is conventionally dressed for appearance in public, indoors or out-of-doors. It is generally agreed that sleeveless tops with lace inserts or lace edgings are predominately worn as underwear.

It is our opinion that the camisole in question like the camisole of NYRL 830695 is designed to be worn as underwear. They are both marketed and advertised as underwear. In addition, they are designed to be purchased with a matching slip and or tap pants. Therefore, the sample at issue should be classified under the provision for underwear.

HOLDING:

The merchandise at issue is classified under subheading 6208.91.3010, HTSUSA, which provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, other, of cotton, other, women's, textile category 352, and dutiable at the rate of 11.9 percent ad valorem.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

NYRL 830897 of July 21, 1988 is hereby modified.

Sincerely,

John Durant, Director

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