HQ 087754: Classification of cotton knit shirt, garment sized "one size fits all" classified as unisex garment; 6109.10.0070, HTSUSA

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 087754

                                   November 13, 1990




            CLA-2 CO:R:C:G  087754 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6109.10.0070

            Mr. Steven T. Bernstein
            H. Z. Bernstein Co. Inc.
            One World Trade Center  Suite 1973
            New York, New York 10048

            Re:  Classification of cotton knit shirt, garment sized "one
                 size fits all" classified as unisex garment; 6109.10.0070,
                 HTSUSA

            Dear Mr. Bernstein:

                 This is in response to your letter dated July 11, 1990,
            requesting the classification of a cotton knit pullover shirt
            under the Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a 100 percent cotton
            knit pullover shirt.  It has a 26 inch chest, 26 inch shoulder
            width, it is 27 inches long with 10.5 inch armholes.  All of
            the shirts will be the same size.  The size on the label will
            say "YOUR".  The label also contains the word "menswear" in
            small print.  You state in your letter that the garment is
            intended to be men's wear.  The garment will be imported from
            Pakistan or the United Arab Emirates.

            ISSUE:

                 What is the proper classification of the garment at issue?

            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            according to the terms of the headings and any relative section














                                          -2-


            or chapter notes.  Chapter 61 applies to made up knitted or
            crocheted articles of apparel.  Note 8, Chapter 61, HTSUSA,
            states that unisex garments are classified under the provisions
            for women's garments.  Although you state that the garment in
            question is a men's garment, it does not have any particular
            features of a man's garment.  The unconstructed, T-shirt
            styling is more indicative of unisex garments.  It is also
            Customs position that garments labeled "one size fits all" are
            not sized to a specific customer and are considered unisex
            garments.  (See HRL 085848, dated December 14, 1989; and HRL
            087531, dated October 9, 1990.)   The designation of "menswear"
            on the label is not dispositive of the issue.  Garments are
            classified according to the features of the garment, not the
            description on the label.

            HOLDING:

                 The shirt at issue is classified under subheading
            6109.10.0070, HTSUSA, as women's or girl's garments, similar to
            T-shirts, in chief weight of cotton, with a duty rate of 21
            percent ad valorem, and are subject to textile category 339.

                 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 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
            available for inspection at your local Customs office.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, 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















            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            085754