July 14, 2004 CBP Bulletin Notices on Certain Chef's Coats and Upper Body Garments Similar to Sleeveless Tank Styles
In the July 14, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 29), CBP issued notices: (a) revoking a classification ruling on certain chef's coats, and (b) revoking or modifying three classification rulings on upper body garments similar to sleeveless tank styles. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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With respect to these revocations and modifications, CBP states that these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after September 12, 2004. CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of Classification Ruling
Certain Chef's Coats. At issue is a unisex chef's coat made of 100% woven cotton fabric that features a full-front opening with a double row of fabric knot buttons that can button either left over right or right over left.
CBP is issuing HQ 967104 in order to revoke NY A87771 and reclassify the coat under HTS 6206.30.3040 as "other women's blouses, shirts and shirt-blouses of cotton" rather than under HTS 6211.42.0081 as "other women's or girls' garments of cotton."
According to CBP, the subject chef's coat is designed to be worn over underwear and as the main article of clothing over the torso, and therefore is properly classified in HTS 6206 as a blouse or shirt. As closure of the subject coat can be either left over right or right over left, and cut does not clearly indicate the sex designation, CBP states that pursuant to Note 8 to HTS Chapter 62, the coat is classified in the appropriate heading covering women's or girls' garments.
(See ITT's Online Archives or 05/18/04 news, 04051840, for BP summary of the proposed ruling.)
new: 6206.30.3040 (Cat 341), 15.4%; previous: 6211.42.0081 (Cat 359), 8.1%.
Revocation or Modification of Three Classification Rulings
Upper Body Garments Similar to Sleeveless Tank Styles. At issue are three types of upper body garments similar to sleeveless tank styles, one of which measures 2 inches at the shoulder seams and is plaid with four colors, and the other two measure 2 inches at the shoulder/shoulder seams.
CBP is issuing HQ 966056, HQ 967033 and HQ 967034 in order to revoke HQ 964221 and modify PD A88686 and NY B89011, respectively, and reclassify the subject garments under HTS 6211.42.00 which provides, in pertinent part, for "sleeveless tank styles and similar upper body garments of cotton, excluded from heading 6206" rather than under HTS 6206.30.30 which provides for "other women's or girls' blouses, shirts and shirt-blouses of cotton."
According to CBP, it is issuing these rulings because the garments have insufficient shoulder coverage in order to be considered blouses.
CBP also states that garments at HTS 6211.42.0054 and HTS 6211.42.0056 consist of the following: 1) blouses, shirts and shirt-blouses with pockets below the waist, tightening or rib knit waistband; 2) sleeveless tank-styled garments, featuring a defined neckline ("U", "V", or scooped), reaching the vicinity of the waist, providing the wearer with some (though limited) shoulder coverage; 3) similar upper body garments, known as "camisoles," sharing a similar silhouette as HTS 6206 blouses, having a defined neckline.
(See ITT's Online Archives or 04/19/04 news, 04041960, for BP summary of the proposed rulings, including further descriptions of the subject garments.)
| Subject garment | New | Previous |
| With two or more colors in the warp and/or filling | 6211.42.0054 (Cat 341), 8.1% | 6206.30.3010 (Cat 341), 15.4% |
| Other | 6211.42.0056 (Cat 341), 8.1% | 6206.30.3040 (Cat 341), 15.4% |
July 14, 2004 CBP Bulletin (Vol. 38, No. 29) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_07142004_no29/