Classification of ladies' bodysuit; 6211, HTSUSA
Active· CBP ruling HQ 950316· Issued 1991-10-21
Ruling text
HQ 950316
October 21, 1991
CLA-2 CO:R:C:T 950316 SK
CATEGORY: Classification
TARIFF NO.: 6211.43.0090
Ms. Carolyn Mitchell
Traffic Manager
Ann Klein Group
205 West 39th Street
New York, New York 10018
RE: Classification of ladies' bodysuit; 6211, HTSUSA
Dear Ms. Mitchell:
This is in response to your letter of July 13, 1991,
requesting a binding ruling classification of a ladies' bodysuit
to be imported from Hong Kong. A sample was submitted for
Customs' examination and will be returned under separate cover.
FACTS:
The submitted sample, Style F8857I1, is a ladies' bodysuit.
It is a woven article constructed from 66% rayon, 28% nylon and
6% spandex. The garment covers the torso and features underwires
under the cups, adjustable straps and a back zipper. According
to information provided by the importer, this garment is being
shown in their showrooms worn under a blazer, with slacks, or as
a top by itself. It will not be sold in underwear or lingerie
departments.
ISSUE:
Whether the proper classification of the subject merchandise
is heading 6211 of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) which provides for, inter alia, other
women's garments of man-made fibers?
- 2 -
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes. Where goods cannot be classified solely on the basis of
GRI 1, and if the headings and legal notes do not otherwise
require, the remaining GRI's may be applied, taken in order.
The subject garment is unique in that it features
characteristics normally associated with women's lingerie, yet is
not meant to be worn as an undergarment; on the contrary, the
choice of material, color, and the fact that the garment is being
displayed in showrooms as a top to be worn with or without a
blazer, indicates that this garment is very much intended to be
worn as an outer garment.
The subject merchandise, commercially referred to as a
bodysuit, cannot be classified as a top or blouse in that this
article does not cover the shoulders. Accordingly, the only
remaining provision in the Nomenclature into which this article
may properly be classified is heading 6211, HTSUSA, which
provides for, inter alia, other women's woven garments
constructed of man-made fibers.
HOLDING:
The article at issue is properly classifiable under
subheading 6211.43.0090, HTSUSA, which provides for other
garments, women's or girls': of man-made fibers... other,
dutiable at a rate of 17 percent ad valorem. The textile
category is 659.
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 your client 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 at your local Customs office.
- 3 -
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification), and the
restraint (quota/visa) categories, your client should contact its
local Customs office prior to importing the merchandise to
determine the current applicability of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 950316, retrieved 2026-10-12T05:25:40Z, republished verbatim. This digest is informational; only CBP issues binding rulings.