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HQ 088330


March 26, 1991

CLA-2 CO:R:C:T 088330 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0090

Mr. Eliseo C. Ocampo, Jr.
Embassy of the Philippines
Office of the Commercial Counsellor
1617 Massachusetts Ave., N.W.
Washington, D.C. 20036

RE: Classification of a women's camisole; 6208, HTSUSA, vs. 6211, HTSUSA

Dear Mr. Ocampo:

This ruling is in response to your letter of November 29, 1990, requesting the classification of a black camisole garment. A sample garment was received with your request.

FACTS:

The garment at issue, style 7750, is commonly referred to as a camisole. It is made of 100 percent woven polyester jacquard fabric. The garment features 3/4 inch wide straps, a v-shaped front, rounded slightly flared bottom edge, and a low straight back. The front top edge is finished with a 3/4 inch facing turned outward and stitched flat while the rear top edge is finished with a facing turned inward and not stitched flat. Each facing contains a lining. The straps and facings are made from a satin weave fabric. A flower applique with embroidery and netting appears near the top edge on one side of the front. The garment, including the straps, facings and applique, is of one color.

ISSUE:

Is the subject camisole classifiable as an underwear garment of heading 6208, HTSUSA, or an outerwear garment of heading 6211, HTSUSA?

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]."

All we have before us in this case is the garment itself. Nothing has been submitted regarding the purpose for which the garment was designed or the manner in which the garment is marketed and sold. While these factors are not determinative by themselves, they are helpful at times in determining the proper classification of a garment.

The garment is a women's camisole. We have noted in prior rulings that camisoles may be outerwear or underwear garments and that designation as a camisole does not determine the classification.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, state in part in regard to underwear:

It is generally agreed that sleeveless tops with lace inserts or lace edgings are predominantly worn as underwear.

This statement does not mean that all sleeveless tops will be classified as underwear if a lace insert or lace edging is present. It merely means that these are features often found on underwear garments and generally recognized as indicative that a garment is designed as underwear. However, it is possible that sleeveless tops which are clearly outwear garments may have lace as ornamentation; this alone will not make these garments underwear.

This camisole has features not normally found in underwear- style camisoles. For instance, the facings of this garment have linings which provide weight, stiffness and shape. The fabric, design and finish of the garment are similar to that of outerwear camisoles worn by women with jackets or alone with slacks or a skirt as evening wear.

HOLDING:

The subject garment, style 7750, is classifiable as an outerwear garment of heading 6211, HTSUSA. More specifically, the garment is classified as an other garment of man-made fibers, other, in subheading 6211.43.0090, HTSUSA, textile category 659, dutiable at 17 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 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

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