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HQ 088187


January 14, 1991

CLA-2 CO:R:C:G 088187 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0080

Mr. Irving A. Mandel, Esq.
40 Exchange Place
12th Floor
New York, NY 10005

RE: Modification of HRL 086668; classification of a men's terry wrap from Turkey; classifiable as an other garment in Heading 6211

Dear Mr. Mandel:

On June 4, 1990, we issued Headquarters Ruling Letter (HRL) 086668 concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of men's and women's cotton terry wraps. Upon further review, we have determined that the classification of the men's wrap was incorrect.

FACTS:

The men's wrap, designated by you as style KE-420W1, 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, which measures approximately six inches by seven inches. This wrap is made of 100 percent woven cotton terry fabric.

ISSUE:

Whether the men's wrap at issue is classifiable in Heading 6207, 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. The question in this case is whether the men's wrap at issue is classifiable as a men's bathrobe, dressing gown, or similar article in this heading.

A bathrobe is defined by Webster's Third New International Dictionary, Unabridged (1986) as "a loose ankle-length or knee- length garment usu. of a warm or absorbent material that is worn before and after bathing and sometimes as a dressing-gown."

A dressing gown is defined by Webster's as an "ankle-length or knee-length loose or tailored robe usu. of silk or other fine material that is worn informally (as at home) esp. while dressing or resting."

A robe is defined by Webster's as "1 c : a usu. loose wraparound garment of varying length for informal wear esp. at home (as a bathrobe or dressing gown)."

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, November 23, 1988, state that the physical characteristics expected in dressing gowns, including bath robes, beach robes, lounging robes and similar apparel, are the following:

1) Looseness

2) Length, reaching to the mid-thigh or below

3) Usually a full or partial front opening, with or without a means of closure

4) Sleeves are usually, but not necessarily, present

We do not believe that the men's wrap at issue meets the definition of a bathrobe or a dressing gown, nor does it have the physical characteristics of similar apparel. Although it is a wraparound garment, it is neither long nor loose fitting. It does not have sleeves or any upper body coverage. Although the men's wrap could be used while shaving or immediately before or after taking a bath, it would not normally be used for lounging, resting, or similar informal wear at home. Consequently, we do not believe that the men's wrap at issue is classifiable as a bathrobe, dressing gown or similar article in Heading 6207. Instead it is classifiable in Heading 6211, HTSUSA, which provides for other garments.

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.

This notice should be considered a modification of HRL 086668 pursuant to 19 CFR 177.9(d)(1). Although HRL 086668 will not be valid for future transactions for the men's wrap at issue, this modification will not be applied retroactively. We recognize that pending transactions may be adversely affected by this ruling. If it can be shown that you have relied on HRL 086668 to your detriment, e.g., ordered merchandise after the receipt of HRL 086668 that will be imported after the date of this ruling, you may notify this office and apply for relief from the effects of this modification.

HRL 086668, dated June 4, 1990, is modified accordingly.

Sincerely,

Harvey B. Fox, Director

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