CLA-2 CO:R:C:T 088330 CMR
Mr. Eliseo C. Ocampo, Jr.
Embassy of the Philippines
Office of the Commercial Counsellor
1617 Massachusetts Ave., N.W.
Washington, D.C. 20036
RE: Classification of a women's camisole; 6208, HTSUSA, vs. 6211,
HTSUSA
Dear Mr. Ocampo:
This ruling is in response to your letter of November 29,
1990, requesting the classification of a black camisole garment.
A sample garment was received with your request.
FACTS:
The garment at issue, style 7750, is commonly referred to as
a camisole. It is made of 100 percent woven polyester jacquard
fabric. The garment features 3/4 inch wide straps, a v-shaped
front, rounded slightly flared bottom edge, and a low straight
back. The front top edge is finished with a 3/4 inch facing
turned outward and stitched flat while the rear top edge is
finished with a facing turned inward and not stitched flat. Each
facing contains a lining. The straps and facings are made from
a satin weave fabric. A flower applique with embroidery and
netting appears near the top edge on one side of the front. The
garment, including the straps, facings and applique, is of one
color.
ISSUE:
Is the subject camisole classifiable as an underwear garment
of heading 6208, HTSUSA, or an outerwear garment of heading 6211,
HTSUSA?
-2-
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]."
All we have before us in this case is the garment itself.
Nothing has been submitted regarding the purpose for which the
garment was designed or the manner in which the garment is
marketed and sold. While these factors are not determinative by
themselves, they are helpful at times in determining the proper
classification of a garment.
The garment is a women's camisole. We have noted in prior
rulings that camisoles may be outerwear or underwear garments and
that designation as a camisole does not determine the
classification.
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, state in part
in regard to underwear:
It is generally agreed that sleeveless tops with lace
inserts or lace edgings are predominantly worn as underwear.
This statement does not mean that all sleeveless tops
will be classified as underwear if a lace insert or lace edging is
present. It merely means that these are features often found on
underwear garments and generally recognized as indicative that a
garment is designed as underwear. However, it is possible that
sleeveless tops which are clearly outwear garments may have lace as
ornamentation; this alone will not make these garments underwear.
This camisole has features not normally found in underwear-
style camisoles. For instance, the facings of this garment have
linings which provide weight, stiffness and shape. The fabric,
design and finish of the garment are similar to that of outerwear
camisoles worn by women with jackets or alone with slacks or a
skirt as evening wear.
HOLDING:
The subject garment, style 7750, is classifiable as an outerwear
garment of heading 6211, HTSUSA. More specifically, the garment is
classified as an other garment of man-made fibers, other, in subheading
6211.43.0090, HTSUSA, textile category 659, dutiable at 17 percent ad
valorem.
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