CLA-2 CO:R:C:G 083641 SM

Jesse M. Gerson, Esq.
Barnes, Richardson & Colburn
200 East Randolph Drive
Chicago, Illinois 60601

RE: Tariff classification of camisole tops

Dear Mr. Gerson:

Your letter of February 1 on behalf of Spiegel, Inc., requests clarification of Headquarters Ruling Letter (HRL) 081754 of March 10, 1988, in view of subsequent changes in a statistical annotation in the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

In HRL 081754 a cotton camisole top was classified under subheading 6211.42.0050, HTSUSA, a provision for women's cot- ton tops, not knitted or crocheted. At that time the textile category assigned by the Committee for the Implementation of Textile Agreements (CITA) was 341. Since then, the descrip- tion of merchandise classifiable under this provision has been changed to "[t]ops, other than camisoles, bustiers, bandos and similar type garments." Thus camisoles are now excluded.

ISSUE:

How are the camisoles formerly classified under the "tops" provision now treated?

LAW AND ANALYSIS:

The garment in question does not reach the waist, nor does it provide the neck/shoulder coverage that would be re- quired of a shirt or blouse. Since it is excluded from "tops" and does not qualify for classification in any other more specific provision, it falls into "other."

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HOLDING:

The camisole top originally classified in HRL 081754 is classified under subheading 6211.42.0080, HTSUSA, textile category 359, a provision for other women's or girls' gar- ments of cotton.

Because of the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) and the textile restraint categories, you should contact your local Customs office before importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

6cc: Area Director, New York Seaport Area
cc: Legal Reference Section
cc: CITA
cc: NIS Eileen Crowley
cc: Phil Robins