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HQ 950316


October 21, 1991

CLA-2 CO:R:C:T 950316 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0090

Ms. Carolyn Mitchell
Traffic Manager
Ann Klein Group
205 West 39th Street
New York, New York 10018

RE: Classification of ladies' bodysuit; 6211, HTSUSA

Dear Ms. Mitchell:

This is in response to your letter of July 13, 1991, requesting a binding ruling classification of a ladies' bodysuit to be imported from Hong Kong. A sample was submitted for Customs' examination and will be returned under separate cover.

FACTS:

The submitted sample, Style F8857I1, is a ladies' bodysuit. It is a woven article constructed from 66% rayon, 28% nylon and 6% spandex. The garment covers the torso and features underwires under the cups, adjustable straps and a back zipper. According to information provided by the importer, this garment is being shown in their showrooms worn under a blazer, with slacks, or as a top by itself. It will not be sold in underwear or lingerie departments.

ISSUE:

Whether the proper classification of the subject merchandise is heading 6211 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) which provides for, inter alia, other women's garments of man-made fibers?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

The subject garment is unique in that it features characteristics normally associated with women's lingerie, yet is not meant to be worn as an undergarment; on the contrary, the choice of material, color, and the fact that the garment is being displayed in showrooms as a top to be worn with or without a blazer, indicates that this garment is very much intended to be worn as an outer garment.

The subject merchandise, commercially referred to as a bodysuit, cannot be classified as a top or blouse in that this article does not cover the shoulders. Accordingly, the only remaining provision in the Nomenclature into which this article may properly be classified is heading 6211, HTSUSA, which provides for, inter alia, other women's woven garments constructed of man-made fibers.

HOLDING:

The article at issue is properly classifiable under subheading 6211.43.0090, HTSUSA, which provides for other garments, women's or girls': of man-made fibers... other, dutiable at a rate of 17 percent ad valorem. The textile category is 659.

The designated textile and apparel category may be subdivided into parts. If so, 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 that your client 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 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, your client should contact its local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

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