Classification of a men's woven cotton top

HQ 085413 November 7, 1989 CLA-2 CO:R:C:G 085413 CC CATEGORY: Classification TARIFF NO.: 6211.32.0060 Ms. Donna L. Shira Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street New York, N.Y. 10004 RE: Classification of a men's woven cotton top Dear Ms. Shira: This letter is in response to your inquiry of August 4, 1989, on behalf of Sergio Valenti, requesting tariff classification of a men's shirt from Turkey under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted for examination. FACTS: The sample at issue, designated as style 6329, is a men's sleeveless pullover, which is styled like a tank top. It is composed of 100 percent woven cotton fabric and has a partial opening in front with two buttons. ISSUE: Whether the sample garment is classifiable in Heading 6205, HTSUSA, or in Heading 6211, HTSUSA? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 6205, HTSUSA, provides for men's or boys' shirts. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, sleeveless garments are excluded from Heading 6205. Since the sample is a sleeveless garment, it is not classifiable in Heading 6205. Instead, it is classifiable in Heading 6211, HTSUSA, which provides for other garments. HOLDING: The sample garment is classified under subheading 6211.32.0060, HTSUSA, which provides for other garments, men's or boys', of cotton, shirts excluded from Heading 6205, textile category 340, and dutiable at the rate of 8.6 percent ad valorem. The sample is being returned under separate cover. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. 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 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 available for inspection at your local Customs office. Sincerely, John Durant, Director Commercial Rulings Division