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HQ 087483

December 19, 1990

CLA-2 CO:R:C:G 087483 CMR


TARIFF NO.: 6211.42.0050

Associated Merchandising Corporation
1440 Broadway
New York, New York 10018

RE: Classification of a camisole; Modification of NYRL 852291

Dear Ms. Dugan:

This ruling is in response to your letter of July 2, 1990, on behalf of Richa & Company, requesting reconsideration of NYRL 852291 of June 6, 1990. In that ruling, Customs classified a women's camisole, style #2207, as outerwear in subheading 6206.30.3040, HTSUSA, which provides for women's blouses, shirts and shirt-blouses of cotton. This office received a sample garment with your request for review.


The submitted sample, style #2207, is a women's upper body garment made of 100 percent woven cotton fabric. The garment has a full front opening secured by six buttons, no sleeves, a front and back deeply scooped neckline, shoulder straps which measure approximately 1 and 1/2 inches in width at the top of the shoulder exclusive of the lace trim, and a curved bottom. The garment also features floral pastel embroidery on each front panel, lace trim on the neckline, bottom and armhole edges, and four tucks on each front panel and eight tucks on the rear panel.

This same style was classified in NYRL 830695 of July 25, 1988, as underwear of subheading 6208.91.3010, HTSUSA, which provides for, among other things, women's singlets and other undershirts of cotton. The garment was resubmitted for a ruling because the fabric was slightly different and classified as a woman's blouse of subheading 6206.30.3040, HTSUSA, in NYRL 852291 of June 6, 1990.


Is style 2207 classifiable as a woman's underwear camisole of heading 6208, HTSUSA, or a woman's outerwear blouse of heading 6206, HTSUSA?


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 this instance, the garment speaks for itself. Having examined the garment at issue, we disagree with the classifica- tion of style 2207 in NYRL 830695 and NYRL 852291. We believe it is an outerwear garment as held in NYRL 852291; however, we disagree with its classification as a blouse.

We are basing our decision to classify this garment as an outwear garment on the appearance of the garment. The colorful and attractive embroidery on the front panels, the button-down front and the waist tucks, in our opinion, would cause the garment to interfere with the fit or drape of clothing worn over it. Additionally, we believe the colorful embroidery is intended to be seen and would be difficult to hide under clothing other than that of very dark and heavy fabrics. We also note on the AMC order commitment sheet that the program name is AMC Daywear.

As to classification as a blouse, this is where we differ with NYRL 852291. We do not believe this garment is classifiable as a blouse. It is a camisole and is somewhat similar in style to garments classified in HQ 087034 of July 31, 1990. Those garments, described as camisole-type garments, were classified in heading 6211, HTSUSA, which provides for other garments. Classification as blouses of heading 6206, HTSUSA, was rejected. The presence of straps on the garments and limited shoulder coverage precluded classification of the garments as blouses. This garment also has straps and limited shoulder coverage and is therefore likewise not classifiable as a blouse. The garment is classified under subheading 6211.42.00, HTSUSA, which provides for other garments of cotton.

Various statistical annotations appear under subheading 6211.42.00, HTSUSA. The statistical annotations are present primarily for the collection of data with respect to goods imported into the Customs territory of the United States. This data information is utilized in the process of negotiating our bilateral textile agreements. The statistical annotation,

6211.42.0050, which reads "Blouses, shirts and shirt-blouses excluded from heading 6206", is intended to capture upper body garments excluded from heading 6206 including garments such as the one at issue here. While the language of the statistical annotation would appear to conflict with our determination that for tariff purposes this garment is not a blouse, the language at the statistical level is provided as a convenience and as we point out in rulings, the statistical annotations in the tariff are subject to change. Based on the intended coverage of the textile category number which appears at the statistical annotation as expressed to Customs by the Committee for the Implementation of Textile Agreements, the subject garment is classified in the statistical annotation for "Blouses, shirts and shirt-blouses excluded from heading 6206". The language of the statistical annotation will be changed to eliminate the apparent conflict which has arisen in this case.


The garment at issue, style 2207, is classifiable in subheading 6211.42.0050, HTSUSA, which provides for women's other garments of cotton. The garment falls within textile category 341 and is dutiable at 8.6 ad valorem.

Pursuant to 19 CFR 177.9(d), NYRL 830695 and NYRL 852291 are modified to accord with the above classification.

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.


John Durant, Director
Commercial Rulings Division

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