Classification of 100% polyester Ladies' tops

HQ 084762 September 25, 1989 CLA-2 CO:R:C:G 084762 CB CATEGORY: Classification TARIFF NO.: 6211.43.0090 Ms. Doreen Wai Hong Kong Economic and Trade Office British Embassy 1233 20TH STREET, N.W. WASHINGTON, D.C. 20036 RE: Classification of 100% polyester Ladies' tops Dear Ms. Wai: This ruling letter is issued in response to your letter of June 2, 1989, on behalf of G.J.M. (US) Inc., requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a ladies' bandeau top. FACTS : The submitted sample is a ladies' bandeau manufactured from a 100 percent woven polyester polka dot printed satin fabric. The bandeau features a shirred elastic rear secured by a three hook and eye closure. Each side seam features a hidden plastic stay. The garment lacks body supporting features and is designed to be seen when worn. ISSUE : Whether the subject merchandise is classifiable in Chapter 62, of the HTSUSA? LAW AND ANALYSIS : Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 states, in part, that "classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes...." -2- This garment lacks any features that would qualify it as a body-supporting garment. It is not intended to be covered by outer garments during normal wear, and so classification as underwear is inappropriate. It cannot be classified as a blouse because it does not reach the waist, nor does it cover the neck and shoulders. Heading 6211, HTSUSA, covers other garments not provided for elsewhere in the schedule. The subject merchandise is a ladies' bandeau style top designed to be used as outerwear. It is Customs position that the subject merchandise is classifiable in subheading 6211.43.0090, HTSUSA. HOLDING : The subject ladies' bandeau top is classifiable in subheading 6211.43.0090, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments, other. The textile category is 659 and the rate of duty is 17 percent ad valorem. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number), and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact the local Customs office before importation of this merchandise to determine the current status of any import restraints or requirements. The designated textile and apparel category may be subdivided into parts. If so, 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 that the importer check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U. S. Customs Service, which is updated weekly and is available at the local Customs office. Sincerely, John Durant, Director Commercial Rulings Division