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HQ 954803


November 10, 1993

CLA-2 CO:R:C:T 954803 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0081

Patricia Farrell
Vice-President
Export-Import Services, Inc.
900 Route 9
Woodbridge, New Jersey 07095-1003

RE: Classification of a men's woven terry wrap; Chapter 62, Note 8.

Dear Ms. Farrell:

This is in response to your letter of July 12, 1993, requesting tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a men's woven terry wrap. A sample was provided to this office for examination and will be returned to you under separate cover.

FACTS:

The sample submitted, style EH93-2000, is a woven cotton terry wrap. It possesses a partially elasticized waistband and a patch pocket on the left side approximately six inches below the top of the waistband. The garment measures 22 inches from the top of its waistband to its hemmed bottom. The waistband features Velcro strips at either end which form a left over right closure when the garment is wrapped around the body.

ISSUE:

What is the proper tariff classification for the instant woven terry wrap?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied in order.

The instant wrap is designed to be worn around the waist and extends to approximately the knees. In prior Headquarters rulings, we have determined that wraps of this design are men's garments. See Headquarters Ruling Letter (HRL) 088474, dated April 16, 1991; HRL 088054, dated February 5, 1991; HRL 088147, dated January 24, 1991; HRL 088187, dated January 14, 1991 (wraps extending from the waist to the knee classifiable as men's garments).

Furthermore, Chapter 62, note 8, HTSUSA, provides that:

Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

In this case, the wrap features a left over right closure. As this item is not clearly designed for women, it is classifiable as a garment for men.

We note that this office has classified wraps extending from the bust to mid-thigh as a women's garment. See HRL 950795, dated March 31, 1992; HRL 089248, dated July 26, 1991. However, in this instance the wrap is not of sufficient length for this purpose.

In HRL 088187, the merchandise at issue was a wrap designed to wrap around the waist, which extended from the waist to the knees, with a hook and loop closure. In that ruling, we observed that:

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 loose or tailored robe usu. of silk or other fine material that is worn informally (as at home) esp. while dressing or resting."

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.

As the instant wrap is substantially similar to the merchandise at issue in HRL 088187, we conclude that it is also classifiable under Heading 6211, HTSUSA.

HOLDING:

The subject merchandise is classifiable under subheading 6211.32.0081, HTSUSA, which provides inter alia for other garments: men's or boys: of cotton: other. The applicable rate of duty is percent 8.6 ad valorem. The textile quota category is 359.

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 the subject of frequent negotiations 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 the 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 the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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