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HQ 966244





July 31, 2003

CLA-2 RR:CR:TE 966244 jsj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Gordon C. Anderson
C. H. Robinson International, Inc.
8100 Mitchell Road
Suite 200
Eden Prairie, Minnesota
55344

RE: Modification of NY A81801 (April 10, 1996); “Carpenter’s Super Bib Apron”; “Other Protective Clothing”; Heading 6211, HTSUS; Explanatory Note 62.14.

Dear Mr. Anderson:

The purpose of this correspondence is to respond to a request of the National Commodity Specialist Division of the Bureau of Customs and Border Protection (CBP) to reconsider New York Ruling Letter A81801 (April 10, 1996). New York Ruling Letter A81801 was issued to C. H. Robinson International, Inc. on the behalf of its client, Portable Products. The article in issue in NY A81801 that is subject to this reconsideration and modification is the “Carpenter’s Super Bib Apron.”

CBP, subsequent to reconsidering NY A81801, is modifying that ruling letter as it relates to the classification of the “Carpenter’s Super Bib Apron” pursuant to the analysis set forth in this ruling letter.

Pursuant to section 625 (c), Tariff Act of 1930, as amended, 19 U.S.C. 1625 (c), notice of the proposed modification of NY A81801 was published on May 14, 2003, in the Customs Bulletin, Volume 37, Number 20. One comment was received.

FACTS

The article in issue, as identified by C. H. Robinson International and Portable Products, is the “Carpenter’s Super Bib Apron.” It was described in NY A81801 as follows:

The first sample [is] identified as a "Carpenter's Super Bib Apron". You note that although the submitted sample is made in the United States, future aprons will be made in China. The apron measures approximately 22 1/2 inches in width at the waist and tapers to 10 inches wide at the bib area and is approximately 22 inches in length. The apron is stated to be constructed of 12 oz. cotton duck and has two adjustable nylon web style straps with plastic buckles, one strap for the neck and one for the waist. Sewn on the apron are 16 pockets of various sizes which are located all along the waist and one large pocket with two pencil/drill pockets at the chest area. These pockets are stated to be designed and marketed to hold objects ranging from traditional carpenter tools, to fasteners, glue, pencils, drill bits and pocket calculators. In addition to the pockets are two web straps located on both ends of the waist which are stated to be designed to hold hammers. The accompanying retail packaging for the article shows the apron with its intended uses as well how it would be worn.

ISSUE

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of the above-described “Carpenter’s Super Bib Apron” that measures approximate twenty-two (22) inches in length ?

LAW AND ANALYSIS

The federal agency responsible for initially interpreting and applying the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is the Bureau of Customs and Border Protection.

See 19 U.S.C. 1500 (West 1999) (providing that the Customs Service is responsible for fixing the final appraisement, classification and amount of duty to be paid); See also Joint Explanatory Statement of the Committee of Conference, H.R. Conf. Rep. No. 100-576, at 549 (1988) reprinted in 1988 U.S. Code Cong. and Adm. News 1547, 1582 [hereinafter Joint Explanatory Statement]. CBP, in accordance with its legislative mandate, classifies imported merchandise pursuant to the General Rules of Interpretation (GRI) and the Additional U.S. Rules of Interpretation. See 19 U.S. C. 1202 (West 1999); See generally, What Every Member of The Trade Community Should Know About: Tariff Classification, an Informed Compliance Publication of Customs and Border Protection available on the World Wide Web site of CBP at www.cbp.gov.

General Rule of Interpretation 1 provides, in part, that classification decisions are to be “determined according to the terms of the headings and any relative section or chapter notes.” General Rule of Interpretation 1. General Rule of Interpretation 1 further states that merchandise which cannot be classified in accordance with the dictates of GRI 1 should be classified pursuant to the other General Rules of Interpretation, provided the HTSUSA chapter headings or notes do not require otherwise. According to the Explanatory Notes (EN), the phrase in GRI 1, “provided such headings or notes do not otherwise require,” is intended to “make it quite clear that the terms of the headings and any relative Section or Chapter Notes are paramount.” General Rules for the Interpretation of the Harmonized System, Rule 1, Explanatory Note (V).

The Explanatory Notes constitute the official interpretation of the Harmonized System at the international level. See Joint Explanatory Statement supra note 1, at 549. The Explanatory Notes, although neither legally binding nor dispositive of classification issues, do provide commentary on the scope of each heading of the HTSUS. The EN’s are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989); Lonza, Inc. v. United States, 46 F. 3d 1098, 1109 (Fed. Cir. 1995).

Commencing classification of the “Carpenter’s Super Bib Apron,” in accordance with the dictates of GRI 1, CBP examined the headings of the HTSUSA. Heading 6211, HTSUS, provides for: “Track suits, ski-suits and swimwear; other garments.” The Explanatory Notes, particularly EN 62.11, provide, in part, that “[t]he provisions of the Explanatory Notesto heading 61.14 concerning other garments apply, mutatis mutandis, to the articles of this heading.” Explanatory Note 61.14 provides, in part, that “[t]he heading includes inter alia: (1) Aprons, boiler suits (coveralls), smocks, and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc.”

CBP, relying on EN 61.14, has previously concluded that “other protective clothing” classifiable in heading 6211, HTSUS, as “other garments” are garments “of a kind that have special design features or unique properties that distinguish them from other garments that are not used for protective purposes.” HQ 959136 (Nov. 27, 1996). See also HQ 961826 (Feb. 2, 1999), HQ 959974 (April 7, 1997), HQ 957362 (Mar. 27, 1995), and HQ 084087 (Sept. 7, 1989). The “Carpenter’s Super Bib Apron” is designed to protect the wearer’s clothing while engaged in carpentry or similar shop work. See HQ 961184 (Aug. 7, 1998), HQ 959540 (April 7, 1997). The apron is made of durable fabric and covers a significant aspect of the wearer’s clothing such that it affords protection for the clothing worn under the apron.

Continuing the classification of the “Carpenter’s Super Bib Apron,” the article, made of cotton duck fabric is classified in subheading 6211.42.0081, HTSUSA. Subheading 6211.42.0081, HTSUSA, provides for:

Track suits, ski-suits and swimwear; other garments:

Other garments, women’s or girls:
Of cotton,

6211.42.0081 Other.

The apron, at the subheading level, is classified as a “women’s or girls’” garment pursuant to Chapter 62, Note 8. Since the garment cannot be identified as either a men’s or boys’ or a women’s or girls’ article, the chapter note dictates that it be classified as a women’s or girls’ article.

HOLDING

New York Ruling Letter A81801 (April 10, 1996) has been reconsidered and is modified as it relates to the “Carpenter’s Super Bib Apron.”

The “Carpenter’s Super Bib Apron” is classified in subheading 6211.42.0081, Harmonized Tariff Schedule of the United States Annotated.

The General Column 1 Rate of Duty is eight and two-tenths (8.2) percent, ad valorem.

The textile quota category is 359.

This ruling letter, in accordance with 19 U.S.C. 1625 (c), will become effective sixty (60) days after its publication in the Customs Bulletin.

The designated textile and apparel category may be subdivided 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 your client check, close to the time of shipment, the Textile Status Report for Absolute Quotas, previously available on the Customs Electronic Bulletin Board (CEBB), which is now available on the CBP web site at: www.cbp.gov.

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

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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