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Classification Ruling on Shirt-Blouses to be Modified

Monday, August 21, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection is proposing to reclassify Guayabera-style shirt-blouses as shirt-blouses under HTSUS 6206.90.0040 (6.7 percent duty; linen) or 6206.30.3041 (15.4 percent duty; cotton) rather than as other garments under HTSUS 6211.42.0056 (8.1 percent duty). Ruling NY N252750 would be modified to reflect this change. Comments on this proposal are due no later than Sept. 15.

Among other features, these shirt-blouses have two pockets below the waist. CBP had determined that these items are precluded from classification under heading 6206 in light of Explanatory Note 62.06, which states that this heading “does not cover” garments with pockets below the waist. By contrast, EN 62.05 for heading 6205 states only that goods excluded from that heading “generally” have pockets below the waist.

CBP concludes that ENs 62.05 and 62.06 must be read together as they correlate to counterpart headings for the same type of garments. CBP adds that while the pockets at issue start just below the waist of the mannequins on which the shirt-blouses were placed for review, “artificial mannequins do not accurately represent all different types of women’s bodies.”

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