HQ 087773: Classification of two men's woven pullover upper body garments

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 087773

                        February 22, 1991


CLA-2 CO:R:C:G  087773  CMR

CATEGORY: Classification

TARIFF NO.: 6211.33.0060

Robert Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, New York  10004

RE: Classification of two men's woven pullover upper body
    garments

Dear Mr. Stack:

     This ruling is in response to your letter of August 14,
1990, on behalf of Sigallo Ltd., requesting the classification of
two men's woven pullover upper body garments.  The garments will
be imported from Sri Lanka or another country through the ports
of Charleston or Los Angeles-Long Beach.  Samples were received
with your letter.

FACTS:

     The garments at issue, styles WLC 505 and WLC 506, are men's
woven athletic shirts of 100 percent nylon fabric.  The garments
have deep front scoop necks, oversized armholes, straight hemmed
bottoms and shoulder straps which measure approximately 2-1/4
inches in width at the shoulder.  The body panels are solid in
the back of the garments, while the front panels consist of three
contrast color sections, running horizontally in style WLC 505
and vertically in style WLC 506.

ISSUE:

     Are the subject garments classifiable as men's shirts in
6205, HTSUSA, or as other garments in heading 6211, 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
                               -2-


headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."

     The General Explanatory Notes to Chapter 62 and the
Explanatory Notes to heading 6205, HTSUSA, provide that shirts
and shirt-blouses have long or short sleeves and a full or
partial opening starting at the neckline.  The subject garments
are sleeveless and possess no opening at the neckline.
Therefore, they are not classifiable as men's shirts in heading
6205, HTSUSA, but are classifiable as other garments in heading
6211, HTSUSA.

     The Textile Category Guidelines, C.I.E. 13/88 describe
men's shirts as male outer garments which extend from the neck
and shoulder areas to or below the waist.  The Guidelines further
state that a shirt should have a full or partial front opening
and must have sleeves.  As these garments are sleeveless, Customs
will not consider them shirts excluded from heading 6205 and will
classify them in subheading 6211.33.0060, HTSUSA.

HOLDING:

     The garments at issue, styles WLC 505 and WLC 506, are
classified as men's other garments, of man-made fibers, other in
subheading 6211.33.0060, 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