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HQ 088474


April 16, 1991

CLA-2 CO:R:C:T 088474 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0080

Ms. Lina Vaughan
BJ Brokerage Co.
P. O. Box 91034
Los Angeles, California 90009-1034

RE: Classification of a men's bath wrap; Heading 6211, HTSUSA

Dear Ms. Vaughan:

In your letter of December 11, 1990, you requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a men's cotton bath wrap manufactured in Hong Kong for your client, Frederick's of Hollywood. You submitted a sample along with your request.

FACTS:

The sample in question is a men's woven terry cotton bath wrap. It has a partially elasticized waistband with velco-like strips at either end which secure it when it is wrapped around the waist. It has a patch pocket on its right side. When wrapped around the waist it extends to slightly below the knee. Though the garment comes in one size, the design of the garment indicates that it is for men.

ISSUE:

Is the instant bath wrap classified as a bathrobe in Heading 6207, HTSUSA, or as an other garment in Heading 6211, HTSUSA?

LAW AND ANALYSIS:

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.

Heading 6207, HTSUSA, provides for men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles. The issue is whether the instant men's wrap is classified as a men's bathrobe, dressing gown or similar garment in this heading. If it is not, it is classified in Heading 6211, HTSUSA, which provides for other garments not specifically covered by previous headings.

IN Customs Headquarters Ruling Letter (HRL) 088187 of January 11, 1991, we discussed the same issue. We found that the men's wrap does not meet the definition of a bathrobe or a dressing gown, nor does it have the physical characteristics of similar apparel. Although it is a wraparound garment, the instant wrap is nether long nor loose fitting. It does not have sleeves or any upper body coverage. Although the men's wrap could be used while shaving or immediately before or after taking a bath, it would not normally be used for lounging, resting or similar informal wear at home. Consequently it is not classified as a bathrobe, dressing gown or similar article in Heading 6207, HTSUSA. Therefore it is classified in Heading 6211, HTSUSA. See also HRL 088054 of February 5, 1991, which reached the same conclusion.

HOLDING:

The instant men's bath wrap is classified under subheading 6211.32.0080, HTSUSA, which provides for other garments: other garments, men's or boys': of cotton: other. The rate of duty is 8.6 percent ad valorem. Textile category 359 applies to this subheading.

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. Inasmuch as 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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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