CLA-2 CO:R:C:G 087675 CMR
Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York 10004
RE: Classification of certain women's camisoles
Dear Mr. Stack:
This ruling is in response to your submission of August 2,
1990, and additional submission of January 11, 1991, on behalf of
R.H. Macy & Company, Inc., regarding the classification of
certain women's camisole garments. The camisoles will be
imported from Hong Kong, Sri Lanka and Korea. Samples were
received with your submissions.
FACTS:
Two samples of style 1250 were submitted, as well as a
sample of style 1251. Fabric swatches were submitted for
additional styles, 1253, 1255 and 1258. In your submission of
August 11th, you stated that these additional styles are of
identical construction to styles 1250 and 1251 and differ only in
the type of print fabric. However, an additional unnumbered
style was included in this second submission with a swatch of a
floral pattern print attached.
All of the styles at issue are made of 100 percent woven
polyester satin fabric. The garment samples submitted, styles
1250, 1251 and the unnumbered sample, appear to be essentially
identical except for the color or print of the fabric. The
garments extend form the bust to the waist and have spaghetti
shoulder straps which begin at the top of the bust area, curved
hemmed bottoms, low straight backs and "V" cut center fronts, and
one-inch wide self-fabric facings which are not sewn down around
the top of the garments.
-2-
According to your letter, the camisoles, bearing the
"Fantasies" label, will be sold only in Macy's "Fantasies"
intimate apparel boutiques. Additionally, they will be
merchandised with tap pants, chemise and wrap robes and/or
pajamas of identical fabric as a group.
ISSUE:
Are the subject camisoles classified as women's underwear in
heading 6208, HTSUSA, or as outerwear in heading 6211, 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]."
The styling of the subject camisoles is typical of camisoles
designed, marketed and sold in lingerie departments for use as
undergarments. The fact the garments are merchandised with
matching tap pants, chemises and wrap robes is somewhat
persuasive, but not determinative. The same is true of where the
garments are sold. Customs has previously ruled that classifica-
tion of merchandise cannot be governed by the department in which
it is sold.
The most persuasive evidence is the garment itself. The
styling and the fabric are typical of underwear camisoles. While
it is possible that a consumer may choose to wear these camisoles
in place of a blouse and it is true some camisoles are designed
specifically for use as outerwear, it has been recognized "that
most consumers tend to purchase and use a garment in the manner
in which it is marketed." Mast industries v. United States, 9
CIT 549, 551 (1985), aff'd, 786 F. 2d 1144 (1986). We believe
that the subject garments are principally used as undergarments
in place of a brassiere or over one as a slip.
HOLDING:
The subject garments, styles 1250, 1251 and the unnumbered
sample, are classified under heading 6208, which provides for
women's or girls' singlets and other undershirts, slips,
petticoats, briefs, panties, nightdresses, pajamas, negligees,
bathrobes, dressing gowns and similar articles. The garments are
classified as underwear camisoles of subheading 6208.92.0030,
HTSUSA, textile category 652, dutiable at 17 percent ad valorem.
-3-
Provided styles 1253, 1255 and 1258 are of identical
construction to styles 1250 and 1251 and differ only in the type
of print fabric (as stated in your submission), they would be
likewise classified in heading 6208. However, without sample
garments to examine, this ruling is not binding as to styles
1253, 1255 and 1258.
Since the term camisole may refer to garments designed for
use as underwear, as in this case, or garments designed for use
as outerwear, this ruling is limited to the subject garments and
should not be construed as Customs position on the classification
of all camisole garments. At the request of the New York
Customs office, we are limiting PC 850927 of May 8, 1990, to the
garments which were the subject therein, specifically, the
camisole classified therein, style 8610.
The designated textile and apparel category may be
subdivided into parts. If so, the 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 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 updated weekly and
is available for inspection at your 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 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