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NY M84585




June 28, 2006

CLA-2-62:RR:NC:N3:360 M84585

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0010

Ms. Sharon A. Watson
Bob Barker Company
P.O. Box 429
134 N. Main Street
Fuquay-Varina, NC 27526

RE: The tariff classification of a unisex bathrobe from China or Pakistan

Dear Ms. Watson:

In your letter dated June 12, 2006, you requested a classification ruling.

The submitted sample, style 906, is a unisex bathrobe constructed from 50 percent polyester and 50 percent cotton woven fabric. The robe has a full front opening, attached self-fabric ties, long sleeves and one patch pocket below the waist. You have described this garment as “unisex”. Unisex garments are classified based on the requirements of Chapter 62, note 8, which states:

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.

The robe closes by means of a belt and can be closed in either a left-over right or right-over left direction. Since the robe cannot be identified as either a men’s or women’s garment, it is classified as a women’s garment under heading 6208.

You have indicated in your letter that the fabric is a blend of 50% polyester/50% cotton. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

The applicable subheading for the robe will be 6208.92.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The robe falls within textile category designation 650. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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