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HQ 088054


February 5, 1991

CLA-2 CO:R:C:G 088054 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0080

Mr. Harvey A. Issacs
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: Classification of a men's wrap; classifiable as an other garment in Heading 6211

Dear Mr. Issacs:

This letter is in response to your inquiry of October 9, 1990, on behalf of Roytex, Inc., requesting tariff classification of a men's shave wrap. A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as Style no. 52403, is designed to wrap around the waist and extends from the waist to near the knees. It has a partially elasticized waist, hook and loop closure, and a patch pocket. This wrap is made of 100 percent woven cotton terry fabric.

ISSUE:

Whether the men's wrap at issue is classifiable in Heading 6207 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) or in Heading 6211, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6207, HTSUSA, provides for men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles. In Headquarters Ruling Letter (HRL) 088187 of January 14, 1991, we modified HRL 086668 of June 4, 1990 and ruled that a men's wrap was not classifiable in Heading 6207. Instead, it was classifiable in Heading 6211, HTSUSA, which provides for other garments. The wrap at issue is similar to the merchandise classified in HRL 088187. Consequently, the submitted wrap is classifiable in Heading 6211.

HOLDING:

The men's wrap at issue is classified under subheading 6211.32.0080, HTSUSA, which provides for other garments, men's or boys', of cotton, other. The rate of duty is 8.6 percent ad valorem, and the textile category is 359.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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 you 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 available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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