Classification of a woman's garment; EN to heading 6206, HTSUSA,; garments with means of tightening at the bottom are precluded from classification in heading 6206, HTSUSA

HQ 956512 September 26, 1994 CLA-2 CO:R:C:T 956512 jb CATEGORY: Classification TARIFF NO.: 6211.42.0056 Mr. Ba-Sang Yeung Hong Kong Economic and Trade Office British Embassy 1150 18th Street, N.W. Suite 475 Washington, D.C. 20036 RE: Classification of a woman's garment; EN to heading 6206, HTSUSA,; garments with means of tightening at the bottom are precluded from classification in heading 6206, HTSUSA Dear Mr. Yeung: This is in response to your letter, dated May 24, 1994, on behalf of Blue Star Apparel, Inc., requesting the classification of a woman's woven garment. A sample was provided to this office and will be returned under separate cover. FACTS: The submitted sample, referenced style number 034671WSBB, is a woman's short-sleeved garment made from 100 percent cotton woven fabric, and features embroidered sleeves and an embroidered collar. The collar extends on each side to the right and left panels, resulting in a wrap style garment which reaches the waistline. The front right panel crosses over the front left panel, and by fastening the straps linked to the bottom of the two front panels at the back of the waist, the garment is secured. You claim that the garment meets the criteria of a woven blouse and should be classified accordingly. ISSUE: What is the proper classification for the submitted garment? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance. Heading 6206, HTSUSA, provides for women's or girls' blouses, shirts and shirt-blouses. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 6206, HTSUSA, state: This heading does not cover garments with pockets below the waist or with a ribbed waistband or other means of tightening at the bottom of the garment. As the submitted sample is a wrap style garment, it must be fastened by crossing the right front panel over the left front panel which must then be tied together. Though this tightening at the bottom of the garment precludes classification in heading 6206, HTSUSA, the garment is still classifiable in heading 6211, HTSUSA, as a blouse excluded from heading 6206. HOLDING: The submitted woman's garment, referenced style number 034671WSBB, is classifiable in subheading 6211.42.0056, HTSUSA, which provides for inter alia, other garments, women's or girls': of cotton, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: other. The applicable rate of duty is 8.6 percent and the textile category designation is 341. 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 negotiations and changes, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available at the 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 the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division