Classification of a ladies' woven bodyshirt

HQ 085257 August 25, 1989 CLA-2 CO:R:C:G 085257 SLR CATEGORY: Classification TARIFF NO.: 6211.43.0060 Bernard D. Liberati Morris Friedman & Co. 320 Walnut Street Philadelphia, PA 19106-3883 RE: Classification of a ladies' woven bodyshirt Dear Mr. Liberati: This ruling is in response to your letter of July 12, 1989, on behalf of Conston Corporation, requesting the classification of a ladies' woven bodyshirt under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted for our examination. FACTS: The submitted sample, style 8312, is a ladies' bodyshirt manufactured from a 100 percent woven polyester faille fabric. The garment features a partial rear opening at the neckline secured by a zipper, short sleeves with simulated cuffs, elasticized waist, round neckline without collar, elasticized leg openings, snap secured crotch, and lace front and rear yokes. ISSUE: What is the proper classification of a ladies' woven polyester bodyshirt under the HTSUSA? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes. Heading 6206, HTSUSA, provides for women's or girls' blouses, shirts and shirt-blouses. Explanatory Note 62.06, however, specifies that this heading does not cover garments with tightening at the bottom. Although not legally binding, the -2- Explanatory Notes do represent the official interpretation of the Harmonized System at the international level. Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear; other garments. It is our position that the bodyshirt in issue is classifiable in subheading 6211.43.0060, HTSUSA, which provides for blouses, shirts and shirt-blouses excluded from heading 6206. HOLDING: The ladies' woven bodyshirt is classifiable in subheading 6211.43.0060, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments, women's or girls', of man-made fibers, blouses, shirts and shirt-blouses excluded from heading 6206. The corresponding textile number is 641 and the rate of duty is 17 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 importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division