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HQ 957362




Mach 27, 1995

CLA-2 CO:R:C:T 957362 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

B.S. Yeung
Hong Kong Economic and Trade Office
1150 18th Street, N.W., Suite 475
Washington, D.C. 20036

RE: Classification of nylon woven garments; heading 6211, HTSUSA; EN to heading 6114, HTSUSA; other garments

Dear Mr. Yeung:

This is in regard to your letter, dated November 22, 1994, on behalf of Ecoly Hair Care, requesting classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of certain nylon woven garments. Samples were provided to this office for examination and will be returned under separate cover.

FACTS:

The subject merchandise consists of two 100 percent water repellant nylon woven garments with the words "NATURA ECOLY Hair Care" imprinted on them:

Style number 9406A is a one piece, light weight, loose fitting garment, approximately 46 inches in length, secured at the neck by a one snap closure. It also features short sleeves, a full front opening, and self fabric at the waist area.

Style number 109M(2) is a one piece, light weight, sleeveless cape, approximately 34 inches in length, secured at the neck by spaced snap closures which allow for adjustment of fit according to the wearer's neck size.

ISSUE:

What is the proper classification for the submitted merchandise?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI). GRI(1) requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI(1), the remaining GRI will be applied, in the order of their appearance.

Heading 6211, HTSUSA, provides for, inter alia, other garments. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 6211, HTSUSA, state, in relevant part:

...the Explanatory Note to heading 61.14 concerning other garments apply, mutatis mutandis, to the articles of this heading...

The EN to heading 6114, HTSUSA, state that this heading (other garments) includes garments not included more specifically in the preceding headings of this chapter. This heading includes, inter alia:

(1) Aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc.

The submitted garments appear to be designed for use in hair-styling salons, barber shops, beauty parlors, etc., for the purpose of affording protection to the client's clothing during shampoos, haircuts, and similar procedures. The sample garments are thus similar to the articles enumerated in EN(1) to heading 6114, HTSUSA, and applicable to heading 6211, HTSUSA.

HOLDING:

The submitted samples, referenced style numbers 9406A and 109M(2), are classified in subheading 6211.43.0091, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments; other garments, women's or girls': of man-made fibers: other. The applicable rate of duty is 16.9 percent ad valorem and the quota category is 659.

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, 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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