Classification of a women's camisole--Reconsideration of NYRL 849086 of February 16, 1990

HQ 086977 June 19, 1990 CLA-2 CO:R:C:G 086977 CMR 849086 CATEGORY: Classification TARIFF NO.: 6109.90.2020 Mr. James Shaw Associated Merchandising Corporation 1440 Broadway New York, New York 10018 RE: Classification of a women's camisole--Reconsideration of NYRL 849086 of February 16, 1990 Dear Mr. Shaw: This ruling is in response to your request of February 28, 1990, for reconsideration of NYRL 849086 regarding the classification of a women's silk camisole. The camisole was classified as a singlet under the provision for T-shirts, singlets, tank tops and similar garments in subheading 6109.90.2020, HTSUSA. FACTS: The garment at issue is a 100 percent silk knit camisole. It measures 15 inches in length, with 1/4 inch shoulder straps and a hemmed bottom. The camisole is designed to be worn under a shirt or blouse and over a bra. It is purchased through AMC's Intimate Apparel Group and is sold in intimate apparel departments. In store recommendations from AMC to member stores it is suggested that these garments be presented at the front of the bras, negligees and similar articles. Classification is being sought in heading 6108, HTSUSA, which provides for knitted or crocheted, women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles. -2- ISSUE: Is the silk camisole at issue classified in heading 6108, HTSUSA, as a similar article, or was it properly classified in NYRL 849086 in heading 6109, 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]." Heading 6108, HTSUSA, provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted. Heading 6109, HTSUSA, provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted. A singlet, according to Webster's II, New Riverside University Dictionary, at 1087, is a "man's jersey undershirt, usu. without sleeves." Mary Picken's The Fashion Dictionary, at 334, defines a singlet as "unlined waistcoat; also, jersey or undershirt of cotton or wool." The above definitions define a singlet as an undershirt. The camisole at issue is described in your letter as designed to be worn under a shirt or blouse and over a bra. Used in this manner, the camisole is similar to an undershirt. On the other hand, it is not similar to any of the articles named in heading 6108, HTSUSA. Therefore, we believe that classification in heading 6109, HTSUSA, is correct. HOLDING: The classification of the subject camisole in NYRL 849086 of February 16, 1990, is correct. The camisole is classified as a garment similar to a singlet in subheading 6109.90.2020, HTSUSA, dutiable at 17 percent ad valorem. -3- 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 6cc: Area Director, New York Seaport 1cc: CITA 1cc: Legal Reference Section 1cc: Phil Robins