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HQ 089248


July 26, 1991

CLA-2 CO:R:C:T 089248 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.1010

Ms. Lina Vaughan
BJ Customs Brokerage Co.
P.O. Box 91034
Los Angeles, CA 90009-1034

RE: Women's terry bath wrap classifiable as a bathrobe under Heading 6208

Dear Ms. Vaughan:

This ruling is in response to your letter dated April 26, 1991, on behalf of Frederick's of Hollywood, in which you requested classification of women's terry bath wraps under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The submitted sample is a woman's bath wrap manufactured from 100% woven cotton terry cloth. The garment covers the bust and extends to approximately mid-thigh. The wrap features a top edge with one inch wide elastic, six inch wide velcro-like strips for a closure and a patch pocket with an embroidered crest.

ISSUE:

Whether the women's bath wraps at issue are classifiable in Heading 6208, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's). In the event that goods can not be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied to any classification issue, taken in order.

Heading 6208 provides for women's or girls' bathrobes, dressing gowns and similar articles. The inclusion of the term "similar articles" indicates an intent to include additional items in these headings and not to limit classifications in this heading to bathrobes in the traditional sense.

While the subject garment is not a robe per se in that it lacks sleeves and does not cover the shoulders, it nevertheless functions as a bath robe in that it is composed of absorbent cotton terry and is used before and after bathing. These functions are similar to those of bath robes and therefore the bath wraps are properly classified as "similar apparel" to bath robes under heading 6208, HTSUSA.

The Essential Terms of Fashion, a treatise on fashion terminology, includes a beach wrapup under the definition for robes. A beach wrapup is defined as a "large square or rectangle of fabric frequently of terry cloth, wrapped around the body in various ways" (p. 156). The subject wraps fall within the definition of "robe" and must be classified accordingly.

HOLDING:

The women's terry bath wraps are classifiable in subheading 6208.91.1010, HTSUSA, which provides for women's and girls' bathrobes, dressing gowns and similar articles of cotton. The textile category is 350 and the rate of duty is 8.5% ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) and the restraint (quota/visa) categories, 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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,

John Durant, Director

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