United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 HQ Rulings > HQ 966281 - HQ 966390 > HQ 966339

Previous Ruling Next Ruling
HQ 966339




July 31, 2003

CLA-2 RR:CR:TE 966339 jsj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Armstrong Global
P.O. Box 117
Muscotah, Kansas
66058

RE: Modification of HQ 084324 (July 26, 1989); Bib-Type Carpenter’s Apron, Style C-75; “Other Protective Clothing”; Heading 6211, HTSUS; Explanatory Note 62.14.

Dear Sir or Madam:

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 Headquarters Ruling Letter 084324 (July 26, 1989). Headquarters Ruling Letter 084324 was issued to Armstrong Global. The article in issue in HQ 084324 that is subject to this reconsideration and modification is the bib-type carpenter’s apron, identified as style C-75.

CBP, subsequent to reconsidering HQ 084324, is modifying that ruling letter as it relates to the classification of the bib-type carpenter’s apron identified as style C-75 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 HQ 084324 was published on May 14, 2003, in the Customs Bulletin, Volume 37, Number 20. The only comment received was from Armstrong Global.

FACTS

The article in issue is the bib-type carpenter’s apron, identified as style C-75. It was described in HQ 084324 as follows:

Style number C-75 is a bib-type carpenter’s apron and measures approximately 20 inches long by 23-1/2 inches wide with 14 pockets and two loops, one at each side. The apron is composed of 100 percent cotton woven fabric. It is designed to be worn around the neck and tied around the waist.

ISSUE

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of the above-described bib-type carpenter’s apron, style C-75, that measures approximate twenty (20) 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 the 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 bib-type carpenter’s apron, style C-75, 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, provides, 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).

Continuing the classification of the bib-type carpenter’s apron the article, made of 100 percent cotton 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.

Armstrong Global suggests that carpenters’ aprons, such as the one subject to modification in this ruling letter, are not used to protect carpenters’ clothing but are, rather, used to organize and carry carpenters’ tools. The importer asserts that the articles are traditionally called “aprons,” but stated that they might more appropriately be referred to as “tool pouches.” CBP, for the reasons set forth in this letter, concludes that the carpenters’ aprons in issue are properly identified as “other protective clothing.” The garments are “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. The articles may be used to organize carpenters’ tools, but they also afford protection for the carpenters’ clothing.

HOLDING

Headquarters Ruling Letter 084324 (July 26, 1989) has been reconsidered and is modified as it relates to the bib-type carpenter’s apron identified as style C-75.

The bib-type carpenter’s apron identified as style C-75 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 you 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, you 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

Previous Ruling Next Ruling

See also: