HQ 952707

January 26, 1993

CLA-2 CO:R:C:T 952707 jb

CATEGORY: Classification

TARIFF NO.: 6106.20.2010

District Director of Customs

909 First Avenue, Rm 2039

Seattle, WA 98174

RE: Request for Further Review of Protest No. 3001-92-100597,

dated June 26, 1992; classification of women\'s knit blouse;

EN 4, chapter 61, HTSUSA; strict interpretation of phrase

\"tightening at the bottom of the garment\"; subheading

6106.20.2010, HTSUSA

Dear Sir:

This is a decision on application for further review of a

protest timely filed on behalf of Lamont\'s Apparel Inc, on June

26, 1992, against your decision regarding the classification of a

women\'s knit upper garment. The entry was liquidated on June 19,

1992\. Neither a sample nor the sketches noted on the protest

were received as part of the package.

FACTS:

Based on the information provided by the District office and

the importer, the garment at issue, Style number 22494,is a

blouse with more than 10 stitches per centimeter, a hemmed bottom

and a drawstring threaded waist. It does not have pockets below

the waist.

The protestant questions the interpretation of chapter 61,

Explanatory Note 4, HTSUSA, specifically with regard to the

phrase \"\...having a ribbed knit waistband or a tightening at the

bottom of the garment.\"

ISSUE:

Whether the knitted garment at issue is classifiable as a

blouse in heading 6106, HTSUSA, or as other pullovers in heading

6110, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in

accordance with the General Rules of Interpretation (GRI), taken

in order. GRI 1 requires that classification be determined

according to the terms of the headings and any relative section

or chapter notes, taken in order. Where goods cannot be

classified solely on the basis of GRI 1, the remaining GRI will

be applied, in the order of their appearance.

Note 4 to chapter 61, HTSUSA, states:

4\. Headings Nos. 61.05 and 61.06 do not cover garments with

pockets below the waist, with a ribbed waistband or other

means of tightening at the bottom of the garment, or

garments having an average of less than 10 stitches per

linear centimeter in each direction counted on an area

measuring at least 10cm x 10cm. Heading No. 61.05 does

not cover sleeveless garments. (Emphasis added)

The protestant believes that the drawstring waist featured

on the garment at issue should be interpreted as meeting the

criteria set out in Note 4, to chapter 61, HTSUSA. Based on this

interpretation, classification of the article in heading 6106,

HTSUSA, would be precluded.

In support of his claim, the protestant cites an earlier

ruling on which, he states, a similar garment was classified in

heading 6110, HTSUSA. Without the benefit of samples or other

evidence, it is not possible to determine whether the garments

which were the subject of that ruling were substantially

identical to the garment at issue.

As such, we must adhere to the strict interpretation given

to the phrase \"with a ribbed waistband or other means of

tightening at the bottom of the garment\", in EN 4 to chapter 61,

HTSUSA. That is, the tightening described must be at the bottom

of the garment, regardless of whether it is ribbed knit or some

other type of tightening, such as a drawstring.

The garment at issue features a drawstring threaded waist

which is several inches above the bottom of the garment. As this

does not represent a \"tightening at the bottom of the garment\",

as intended in EN 4 to chapter 61, HTSUSA, the garment is not

excluded from classification in heading 6106, HTSUSA.

HOLDING:

Style 22494 was properly classified in subheading

6106.20.2010, which provides for women\'s or girls\' other blouses

and shirts, knitted or crocheted, of man-made fibers. You are

instructed to deny the protest in full. A copy of this decision

should be appended to the Form 19 Notice of Action furnished to

the protestant.

Sincerely,

John Durant, Director