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HQ 088147

January 24, 1991

CLA-2 CO:R:C:G 088147 CC


TARIFF NO.: 6211.33.0060

Ms. Jane Vergona
Total Port Clearance Inc.
10 Fifth Street
Valley Stream, NY 11581

RE: Classification of a men's wrap; two layers, inner layer is knit and outer layer is woven; outer layer provides essential character; classifiable in Heading 6211 as an other garment

Dear Ms. Vergona:

This letter is in response to your inquiry of September 26, 1990, on behalf of Jaclyn Inc., concerning the tariff classification of a men's bath wrap. A sample was submitted for examination.


The submitted sample, designated by you as Style No. AV155, is designed to wrap around the waist and extends from the waist to near the knees. It has a partially elasticized waist and hook and loop closure. The submitted wrap consists of two layers. One layer is made of a white terry knit blend of 51 percent cotton and 49 percent polyester fabric. The other layer is made of a woven blend of 51 percent polyester and 49 percent cotton fabric and has a design of blue and white stripes. Although this article is reversible, you believe that normally the woven fabric would be worn as the outer layer.


Whether the submitted men's wrap is classifiable in Chapter 61 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) or in Chapter 62, HTSUSA?

Whether the submitted men's wrap is classifiable as a robe or similar article, or as an other garment?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

The submitted wrap is made of two components, the inner and outer layers. The inner layer is made of knit fabric, and the outer layer is made of woven fabric. Chapter 61 provides for articles of apparel and clothing accessories, knitted or crocheted; Chapter 62 provides for articles of apparel and clothing accessories, not knitted or crocheted. Since classification in a single heading is not possible by applying GRI 1, we must apply the remaining GRI's.

GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. Because the woven fabric makes up the outer shell and provides the decoration to this article, we believe that the woven fabric imparts the essential character. Therefore this merchandise is classifiable in Chapter 62.

Heading 6207, HTSUSA, provides for men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles. In Headquarters Ruling Letter (HRL) 088187, dated January 14, 1990, we ruled that a men's wrap was not classifiable in Heading 6207; instead, it was classifiable in Heading 6211, HTSUSA, which provides for other garments. The wrap at issue is similar to the merchandise classified in HRL 088187. Consequently, the submitted wrap is classifiable in Heading 6211.

The outer layer is made of blend of cotton and polyester fabric. According to Subheading Note 2(A) to Section XI, "products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials." Note 2(A) to Section XI states that goods classifiable in chapters 50 to 55 or in Heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material. Since polyester predominates by weight in the outer layer, the wrap is classifiable under subheading 6211.33, HTSUSA, which provides for other garments, men's or boys', of man-made fibers.


The submitted men's wrap is classified under subheading 6211.33.0060, HTSUSA, which provides for other garments, men's or boys', of man-made fibers, other. The rate of duty is 17 percent ad valorem, and the textile category is 659.

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

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, 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.


John Durant, Director

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