Van Dale Industries (Van Dale) appeals the April 1, 1994 decision of the Court of International Trade, slip opinion 94-54, granting summary judgment affirming the United States Customs Service classification under subheading 6109.10.00 of the Harmоnized Tariff Schedule of the United States (HTSUS) of merchandise imported by Van Dale. Because Van Dale has not shown the female undershirts to not fit that classification or to better fit another, we affirm.
BACKGROUND
Vаn Dale imported women’s or girls’ underwear tops that cover the chest area, do not extеnd below the midriff of the wearer and do not provide support to the breasts. The Customs Service classified the merchandise under subheading 6109.10.00, HTSUS, which applies to “T-shirts, singlets, tank tops and similar garments ” (emphasis added) at a rate of 21% ad valorem. Van Dale challenged that decision in the Court of International Trаde which affirmed the classification.
Van Dale appealed to this court. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(5) (1988).
DISCUSSION
The broad issue presented by this case, the meaning of a Customs classification tеrm, is a question of law reviewed by us
de novo
on appeal from a decision of the Court of International Trade.
Simod Am. Corp. v. United States,
Van Dale cоntends that the Court of International Trade misapplied the principle of
ejusdem generis
in concluding that the merchandise was properly classified as a garment “similar” to “T-shirts, singlets and tank tops.” “As applicаble to classification cases,
ejusdem generis
requires that the imported merchandise possess the essential characteristics or purposes that unite the articles enumerated
eo nomine
in order to be classified under the general terms.”
Sports Graphics, Inc. v. U.S.,
We agree with the Court of International Trade that extending down at least to the waist is not an essential characteristic of the three еxemplars, T-shirts, singlets and tank tops. Although the illustrations from the dictionaries cited by Van Dale show shirts of this length, thе definitions themselves do not impose such a restriction. Nor does any language in heading 6109, HTSUS.
The definitiоns cited by Van Dale do indicate, however, that T-shirts and singlets can be undershirts while tank tops are similar tо undershirts. An undershirt is defined as “a collarless undergarment with or without sleeves.” Webster’s Ninth New Collegiate Dictionary 1287 (1990). The dictionaries undercut a dеfinition that would require under *1014 shirts to necessarily extend to the waist or below. The merchandise, however, certainly fits the Webster definition of undershirt, establishing that as an undershirt that covers the breasts and a bit below as wеll as areas of the shoulders and back, the merchandise is “a similar garment” to the exemplars specified in heading 6109, HTSUS. Moreover, as to “purpose,” like the exemplars the merchandise рrovides warmth and covering for modesty although not support to the breasts. We therefore conclude the Customs Service correctly classified the merchandise.
Van Dale contends that thе merchandise is properly classifiable under subheading 6108.91.00, HTSUS, which applies to “women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles.” This сlassification carries the rate of 9% ad valo-rem. According to Van Dale, the exemplars are united by the fact that they cover a broad range of women’s and girls’ underwear garments and, thеrefore, heading 6108 includes all female underwear garments not specially provided for in somе other tariff provision. However, because women’s and girls’ undershirts are provided for under heading 6109, HTSUS, the merchandise at issue need not fall into any broader categories such as heading 6108, Van Dale’s preferred provision, much less its fall back provision, the “catchall” subheading 6114.20.00, HTSUS, for “other garmеnts, knitted or crocheted ... cotton” at 11.5% ad valorem. 1
That Van Dale must pay far higher duties on its imported merchandise under heading 6109, HTSUS, than under 6108 or 6114 is a consequence not of improper classification by the Customs Service, but choices by the Congress. We have no warrant, given this specific garment, to undo the decision of either.
CONCLUSION
Because we hold the merchandise at issue as an undershirt is similar to the T-shirts, singlets and tank tops listed as exemplars under heading 6109, HTSUS, the Customs Service properly classified the merchandise under that provision. Therefore the decision of the Court of International Trаde so holding is
AFFIRMED.
Notes
. On appeal, Van Dale does not raise the argument, made before the Court of International Trade, that the merchandise is properly classifiable under heading 6212, HTSUS, as "brassieres, girdles, corsets, braces, suspenders, garters and similar articles."