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,
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?
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 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
John Durant, Director
Commercial Rulings Division