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NY A87359




September 18, 1996

CLA-2-62:RR:NC:5:353 A87359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Gordon C. Anderson
Meyer Customs Brokers
Div. of C.H. Robinson Int'l., Inc.
8100 Mitchell Rd. Suite 200
Eden Prairie, MN 55344

RE: The tariff classification of a "Harvest Apron" from China.

Dear Mr. Anderson:

In your letter dated September 3, 1996, on behalf of Portable Products, you requested a classification ruling. A sample was submitted and will be returned to you as requested.

The submitted sample is a multi-function woven apron stated to be made of 100% cotton. The apron extends from neck high to just below the knees. The apron has textile neck straps and straps at the side which enable the apron to be tied at the waist. There is a divided pocket at the center of the chest, another one at waist level and a metal d-ring at each lower corner. The apron features three male and female metal snaps along each side of the apron's front which allows the wearer the option of forming multi-sized pouches for carrying bulky garden items such as weeds, flowers, twigs, etc. The waist textile straps can be threaded through the metal d-rings for added support..

The apron provides ample coverage from neck high to just below the knees to provide a protective layer to the prevent soiling of the wearer's clothes while engaged in gardening type activities. At the wearer's option, different size pockets can be formed by folding the bottom of the apron up ands using the snaps along the apron's outer edge to form different size pouches for carrying produce, flowers, etc. while still providing ample coverage as an apron. The protective qualities of the apron are manifest when used when using the apron with the pouch options as the gathering of produce, weeds, twigs, or flowers, etc. would necessarily involve contact with soil or debris which would dirty the clothes of the wearer.

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 of 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 item provides ample coverage to provide protection to the clothing of one engaged in gardening activities. The sample garment is thus similar to the articles enumerated in EN (1) to heading 6114, HTSUSA, and applicable to heading 6211, HTSUSA.

The applicable subheading for the Harvest Apron, will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suits and swimwear; other garments: Of cotton: Other:. The duty rate will be 8.5 percent ad valorem.

The Harvest Apron falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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