CLA-2 CO:R:C:G 087772 CMR 854856

Ms. Rebecca Cheung
R. H. Macy Corporate Buying
Eleven Penn Plaza
New York, New York 10001-2006

RE: Classification of women's camisoles

Dear Ms. Cheung:

This ruling is in response to your letter of June 29, 1990, requesting classification of a women's camisole, style TE1206. The camisole will be imported from Korea through the ports of New York, San Francisco, and Los Angeles.


The garment, style TE1206, is a women's ivory colored camisole made of 100 percent woven polyester satin fabric. The camisole extends from the bust to the waist and features spaghetti straps, a "V" cut front, a one-inch wide self-fabric facing which is not sewn down around the top, and a rounded, hemmed bottom.

According to your letter, the camisole, bearing the "Fantasies" label, will be sold only in Macy's "Fantasies" intimate apparel boutiques. Additionally, it will be merchandised with tap pants, chemise and wrap robes of identical fabric as a group.


Is the subject camisole classified as women's underwear in heading 6208, HTSUSA, or as outerwear in heading 6211, HTSUSA?


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 -2-

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 camisole is typical of camisoles designed, marketed and sold in lingerie departments for use as undergarments. The fact the garment is merchandised with matching tap pants, chemises and wrap robes is somewhat persuasive, but not determinative. The same is true of where the garment is sold. Customs has previously ruled that classification 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 this camisole 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 garment is principally used as an undergarment in place of a brassiere or over one as a slip.


The subject garment is 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 garment is classified as a underwear camisole of subheading 6208.92.0030, HTSUSA, textile category 652, dutiable at 17 percent ad valorem.

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 garment and should not be construed as Customs position on the classification of all camisole garments.

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.


John Durant, Director
Commercial Rulings Division