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HQ 087675

February 4, 1991

CLA-2 CO:R:C:G 087675 CMR


TARIFF NO.: 6208.92.0030

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004

RE: Classification of certain women's camisoles

Dear Mr. Stack:

This ruling is in response to your submission of August 2, 1990, and additional submission of January 11, 1991, on behalf of R.H. Macy & Company, Inc., regarding the classification of certain women's camisole garments. The camisoles will be imported from Hong Kong, Sri Lanka and Korea. Samples were received with your submissions.


Two samples of style 1250 were submitted, as well as a sample of style 1251. Fabric swatches were submitted for additional styles, 1253, 1255 and 1258. In your submission of August 11th, you stated that these additional styles are of identical construction to styles 1250 and 1251 and differ only in the type of print fabric. However, an additional unnumbered style was included in this second submission with a swatch of a floral pattern print attached.

All of the styles at issue are made of 100 percent woven polyester satin fabric. The garment samples submitted, styles 1250, 1251 and the unnumbered sample, appear to be essentially identical except for the color or print of the fabric. The garments extend form the bust to the waist and have spaghetti shoulder straps which begin at the top of the bust area, curved hemmed bottoms, low straight backs and "V" cut center fronts, and one-inch wide self-fabric facings which are not sewn down around the top of the garments.

According to your letter, the camisoles, bearing the "Fantasies" label, will be sold only in Macy's "Fantasies" intimate apparel boutiques. Additionally, they will be merchandised with tap pants, chemise and wrap robes and/or pajamas of identical fabric as a group.


Are the subject camisoles classified as women's underwear in heading 6208, HTSUSA, or as outerwear in heading 6211, 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]."

The styling of the subject camisoles is typical of camisoles designed, marketed and sold in lingerie departments for use as undergarments. The fact the garments are merchandised with matching tap pants, chemises and wrap robes is somewhat persuasive, but not determinative. The same is true of where the garments are sold. Customs has previously ruled that classifica- tion of merchandise cannot be governed by the department in which it is sold.

The most persuasive evidence is the garment itself. The styling and the fabric are typical of underwear camisoles. While it is possible that a consumer may choose to wear these camisoles in place of a blouse and it is true some camisoles are designed specifically for use as outerwear, it has been recognized "that most consumers tend to purchase and use a garment in the manner in which it is marketed." Mast industries v. United States, 9 CIT 549, 551 (1985), aff'd, 786 F. 2d 1144 (1986). We believe that the subject garments are principally used as undergarments in place of a brassiere or over one as a slip.


The subject garments, styles 1250, 1251 and the unnumbered sample, are classified under heading 6208, which provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles. The garments are classified as underwear camisoles of subheading 6208.92.0030, HTSUSA, textile category 652, dutiable at 17 percent ad valorem.

Provided styles 1253, 1255 and 1258 are of identical construction to styles 1250 and 1251 and differ only in the type of print fabric (as stated in your submission), they would be likewise classified in heading 6208. However, without sample garments to examine, this ruling is not binding as to styles 1253, 1255 and 1258.

Since the term camisole may refer to garments designed for use as underwear, as in this case, or garments designed for use as outerwear, this ruling is limited to the subject garments and should not be construed as Customs position on the classification of all camisole garments. At the request of the New York Customs office, we are limiting PC 850927 of May 8, 1990, to the garments which were the subject therein, specifically, the camisole classified therein, style 8610.

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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