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HQ 952241


October 26, 1992

CLA-2 CO:R:C:T 952241 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.1000

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
43rd Floor
New York, NY 10036

RE: Cotton terry bathrobe; unisex garments; Note 8, Chapter 62, HTSUSA; Textile Guidelines; identifiable as a men's garment.

Dear Mr. Stack:

This is in reply to your letter of July 15, 1992, on behalf of Roytex, Inc., regarding the classification of a bathrobe under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample of the merchandise in question was submitted for our examination.

FACTS:

The merchandise at issue is a bathrobe, style number 08002. The bathrobe is made from 100 percent cotton woven terry fabric, has 3/4 length sleeves, a full frontal opening, two patch pockets below the waist, and a self-fabric belt. The bathrobe measures 56 inches in the chest and 48 inches in back length. The robe is labeled "one size fits all" and is manufactured in the People's Republic of China.

While you state that Roytex specializes in men's dressing gowns and men's sportswear, you nevertheless contend that the article in question is a unisex garment properly classifiable as a women's bathrobe.

ISSUE:

The issue presented is whether the bathrobe in question is a unisex garment such that it is classifiable, pursuant to Note 8, Chapter 62, HTSUSA, under a provision for women's robes.

LAW AND ANALYSIS:

Heading 6207, HTSUSA, covers inter alia, men's bathrobes and dressing gowns; heading 6208, HTSUSA, covers inter alia, women's bathrobes and dressing gowns. Note 8, Chapter 62, HTSUSA, states that articles which cannot be identified as either men's or boys' garments, or women's or girls' garments, are to be classified in the headings covering women's or girls' garments. While Roytex sells only to the men's market, you contend that the "one size fits all" bathrobe at issue is properly classifiable as a women's bathrobe pursuant to Note 8.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories (Textile Guidelines), 53 Fed. Reg. 52563, 52564 provide that:

Unisex garments are usually sold in both men's and boys' and in women's and girls' departments and stores. Garments which are only sold in men's or boys' departments or stores are usually not commonly worn by either sex and are therefor not unisex.

In determining whether a garment is identifiable as men's or boys', or as women's or girls', the following should be considered: (1) Sizing, (2) construction, (3) styling, and (4) other factors such as packaging, labelling, etc....Other factors may be considered and any factor may be determinative by itself or in combination with one or more factors.

In view of the fact that Roytex sells exclusively to the men's market, we are advised by the National Import Specialist responsible for this line of merchandise that the commercial reality is that the label "one size fits all" means that the bathrobe fits all men. Accordingly, Customs' is of the view that the bathrobe in question is identifiable as a men's bathrobe and classifiable in heading 6207.

HOLDING:

The bathrobe at issue, style number 08002, is classifiable in subheading 6207.91.1000, HTSUSA, under the provision for men's cotton bathrobes. The textile category is 350.

The designated textile and apparel category may be divided into parts. If so, the 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 your client 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 client's local Customs office.

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

Sincerely,


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