CLA-2 CO:R:C:G 086977 CMR 849086
Mr. James Shaw
Associated Merchandising Corporation
1440 Broadway
New York, New York 10018
RE: Classification of a women's camisole--Reconsideration of NYRL
849086 of February 16, 1990
Dear Mr. Shaw:
This ruling is in response to your request of February 28,
1990, for reconsideration of NYRL 849086 regarding the
classification of a women's silk camisole. The camisole was
classified as a singlet under the provision for T-shirts,
singlets, tank tops and similar garments in subheading
6109.90.2020, HTSUSA.
FACTS:
The garment at issue is a 100 percent silk knit camisole.
It measures 15 inches in length, with 1/4 inch shoulder straps
and a hemmed bottom.
The camisole is designed to be worn under a shirt or blouse
and over a bra. It is purchased through AMC's Intimate Apparel
Group and is sold in intimate apparel departments. In store
recommendations from AMC to member stores it is suggested that
these garments be presented at the front of the bras, negligees
and similar articles.
Classification is being sought in heading 6108, HTSUSA,
which provides for knitted or crocheted, women's or girls' slips,
petticoats, briefs, panties, nightdresses, pajamas, negligees,
bathrobes, dressing gowns and similar articles.
-2-
ISSUE:
Is the silk camisole at issue classified in heading 6108,
HTSUSA, as a similar article, or was it properly classified in
NYRL 849086 in heading 6109, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
Heading 6108, HTSUSA, provides for women's or girls' slips,
petticoats, briefs, panties, nightdresses, pajamas, negligees,
bathrobes, dressing gowns and similar articles, knitted or
crocheted. Heading 6109, HTSUSA, provides for T-shirts,
singlets, tank tops and similar garments, knitted or crocheted.
A singlet, according to Webster's II, New Riverside University
Dictionary, at 1087, is a "man's jersey undershirt, usu. without
sleeves." Mary Picken's The Fashion Dictionary, at 334, defines
a singlet as "unlined waistcoat; also, jersey or undershirt of
cotton or wool."
The above definitions define a singlet as an undershirt.
The camisole at issue is described in your letter as designed to
be worn under a shirt or blouse and over a bra. Used in this
manner, the camisole is similar to an undershirt. On the other
hand, it is not similar to any of the articles named in heading
6108, HTSUSA. Therefore, we believe that classification in
heading 6109, HTSUSA, is correct.
HOLDING:
The classification of the subject camisole in NYRL 849086 of
February 16, 1990, is correct. The camisole is classified as a
garment similar to a singlet in subheading 6109.90.2020, HTSUSA,
dutiable at 17 percent ad valorem.
-3-
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
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins