HQ 087034: NYRL 849400 modified. Camisole-type garments are not blouses merely because of defined neckline or lack of spaghetti type shoulder straps. Underwear; outerwear; textile; guidelines

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 087034

                                    July 31, 1990




               CLA-2 CO:R:C:G  087034  HP

               CATEGORY:  Classification

               TARIFF NO.:  6211.43.0090

               Mr. Robert Sokoloff
               Bloomers of California Inc.
               8954 Lurline Avenue
               Chatsworth, CA 91311

               RE:  NYRL 849400 modified.  Camisole-type garments are
               not blouses merely because of defined neckline or lack
               of spaghetti type shoulder straps.  Underwear;
               outerwear; textile; guidelines

               Dear Mr. Sokoloff:

                    This is in reply to your letter of April 4, 1990,
               requesting reconsideration of New York Ruling Letter
               849400 of February 20, 1990.

               FACTS:

                    The merchandise at issue consists of two styles of
               women's 100% polyester satin woven camisoles, produced
               in Hong Kong.  Style 7400 is a blue tank-styled
               pullover garment, featuring a front and rear V-shaped
               neckline, rounded tailed bottom, 1 " wide shoulder
               straps, and narrow self-fabric capping finishing the
               neckline, armholes, and bottom edge.  Style 7489 is a
               white tank-styled pullover garment, featuring a front
               and rear U-shaped neckline, straight hemmed bottom, 1 "
               wide shoulder straps, and narrow self-fabric capping
               finishing the neckline and armholes.  Neither garment
               is sheer.

                    In NYRL 849400, Style 7400 was classified under
               subheading 6206.40.3030, HTSUSA, as a women's blouse. 
               Style 7489 was not previously classified.

               ISSUE:










                    Whether the garments are outerwear or underwear
               under the HTSUSA?







               LAW AND ANALYSIS:

                    Heading 6208, HTSUSA, provides for, inter alia,
               women's undershirts and similar garments.  The Customs
               Service periodically issues the Guidelines for the
               Reporting of Imported Products in Various Textile and
               Apparel Categories.  The Guidelines, most recently
               published at 53 Fed. Reg. 52563 (Dec. 28, 1988), CIE
               13/88 (Nov. 23, 1988), note that since certain types of
               garments are closely related in use, the Guidelines
               "are to be used as an aid in determining the commercial
               designation and, hence, the classification of an
               article."  Used as such, they "represent the present
               position of the Customs Service."

                    The Guidelines, at 25, provide:

                         Category designation:  Underwear

                              The term "underwear" refers to
                         garments which are ordinarily worn
                         under other garments and are not
                         exposed to view when the wearer is
                         conventionally dressed for
                         appearance in public, indoors or
                         out-of-doors.  Whether or not a
                         garment is worn next to the body of
                         the wearer is not a determinant;

                                        * * *

                    The garments are heavy enough so as to preclude
               any transparency when worn against the skin. 
               Advertisements and fashion articles submitted with this
               request clearly demonstrate that this type of garment
               is no longer just intimate apparel, but has become an
               alternative to blouses and work as under-the-suit
               complements.  It is our opinion that the instant
               garments cannot be classified as underwear by means of
               the above guidelines.

                    Heading 6206, HTSUSA, provides for blouses.  The
               Explanatory Notes (EN) to the HTSUSA constitute the
               official interpretation of the tariff at the
               international level.  While not legally binding, they
               do represent the considered views of classification
               experts of the Harmonized System Committee.  It has
               therefore been the practice of the Customs Service to
               follow, whenever possible, the terms of the Explanatory
               Notes when interpreting the HTSUSA.

                    The EN to heading 6206 states:







                              This heading covers the group
                         of women's or girls' clothing, not
                         knitted or crocheted, which
                         comprises blouses, shirts and
                         shirt-blouses.

                                        * * *

                              Furthermore, the heading does
                         not include:

                         (a)  Singlets [(athletic-type
                         undershirts)] or other vests
                         (heading 62.08).

                    The General EN to Chapter 62, HTSUSA, defines
               shirts and shirt-blouses as:

                         ... designed to cover the upper
                         part of the body, having long or
                         short sleeves and a full or partial
                         opening starting at the neckline. 
                         Blouses are also designed to cover
                         the upper part of the body but may
                         be sleeveless and without an
                         opening at the neckline.

                    The Guidelines, supra, at 25, provide:

                         Blouses are outer garments usually
                         extending from the neck or
                         shoulders to the vicinity of the
                         waistline. ***  Blouses may have a
                         collar treatment or no collar. *** 
                         [T]he garment may even be without
                         closure as in a pullover.

                                        * * *

                              Outerwear garments known as
                         camisoles, bandeaus and similar
                         garments which may be described as
                         tops, are excluded from this
                         category.

                    It has been suggested that the instant merchandise
               cannot be considered "camisoles," and should be
               classified as blouses, since the shoulder straps are
               not  spaghetti-type straps  and the garments have
               clearly defined necklines.  We do not agree. 
               Throughout the advertising materials submitted with
               this request, many garments with 1" - 2" shoulder







               straps are called camisoles.  Cf. HRL 086977 of June
               19, 1990 (classifying garment with ¬" straps as
               camisole).  Some of these garments also have V- or U-
               shaped necklines.  See also HRL 085979 of March 8, 1990
               (classifying garment with deep front V-neckline as
               camisole).  Although it may be argued that the term
                camisole  is used indiscriminately throughout the
               industry, the definition of a classification term is a
               question of law which we are free to determine for
               ourselves by resort to lexicographic and other
               materials.  Simod America Corp. v. United States, Slip.
               Op. 88-1637 (Fed. Cir. 1989), citing Convertors Div. of
               Am. Hosp. Supply Corp. v. United States, 861 F.2d 710,
               712 (Fed. Cir. 1988).  Tariff terms are construed
               according to their common and commercial meanings which
               are presumed to be correct.  Nippon Kogaku (USA), Inc.
               v. United States, 673 F.2d 380, 382 (CCPA 1982).  In
               Pickens, The Fashion Dictionary, camisoles are
               generally described with straps, and not limited to
               spaghetti-type straps.  This, in addition to the
               garments' extremely limited shoulder coverage, causes
               us to disqualify these garments as blouses, and allow
               classification as camisole-type outerwear.

               HOLDING:

                    As a result of the foregoing, the instant
               merchandise is classified under subheading
               6211.43.0090, HTSUSA, textile category 659, as track
               suits, ski-suits and swimwear, other garments, other
               garments, women's or girls', of man-made fibers, other. 
               The applicable rate of duty is 17 percent ad valorem.

                    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 negotiations 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
               issuance of the U.S. Customs Service, which is updated
               weekly and is available 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 importing the merchandise to determine
               the current status of any import restraints or
               requirements.







                    This notice to you should be considered a
               modification of NYRL 849400 of February 20, 1990, as to
               the merchandise described as Style 7400, under 19
               C.F.R.  177.9(d)(1) (1989).  It is not to be applied
               retroactively to NYRL 849400 (19 C.F.R.  177.9(d)(2)
               (1989)) and will not, therefore, affect the transaction
               for the importation of your merchandise under that
               ruling.  However, for the purposes of future
               transactions in merchandise of this type, NYRL 849400
               will not be valid precedent.  We recognize that pending
               transactions may be adversely affected by this
               modification, in that current contracts for
               importations arriving at a port subsequent to the
               release of HRL 087034 will be classified under the new
               ruling.  If such a situation arises, you may, at your
               discretion, notify this office and apply for relief
               from the binding effects of the new ruling as may be
               dictated by the circumstances.


                                      Sincerely,




                                JOHN DURANT, DIRECTOR
                             COMMERCIAL RULINGS DIVISION