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NY A81801

April 10, 1996

CLA-2-63:RR:NC:5: 353 A81801


TARIFF NO.: 6307.90.9989

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

RE: The tariff classification of tool aprons from China

Dear Mr. Anderson:

In your letter dated March 20, 1996, received in our office on March 25, 1996, you requested a tariff classification ruling on behalf of your client Portable Products. Two samples were submitted for examination and will be returned as per your request.

The first sample, 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.

The second sample, identified as a "Carpenter's Waist Apron", is stated to be constructed of 10 oz. cotton twill canvas and has two ties for securing around the waist. The apron measures approximately 8 1/2 inches high by 18 inches in width with two large front pockets that each measure 6 1/4 inches by 8 inches with a narrow pocket in between for carrying pencils. The accompanying retail packaging shows how a similar article is worn around the waist.

Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear; other garments. The Explanatory notes constitute the official interpretation of the tariff at the international level. The Explanatory notes to Heading 6211 state that the Explanatory notes to heading 6114 concerning other garments apply, mutatis mutandis, to the articles of this heading. Heading 6114, HTSUSA, provides for other garments, knitted or crocheted. The Explanatory notes to heading 6114 states that the heading includes aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc. The samples at issue are not considered clothing because they are not worn for comfort, decency or adornment. Moreover, the aprons do not provide adequate protection to the wearer. The " Carpenters Super Bib Apron" ends just below the waist and is tapered at the bib area leaving chest areas exposed. The " Carpenter'sWaist Apron" just covers the waist area. Both items function as holders of tools.

Heading 6307, HTSUSA, provides for other made up articles, including dress patterns. The Explanatory Notes to heading 6307 state that the heading covers made up articles of any textile material which are not included more specifically in other headings of ,Section XI or elsewhere in the Nomenclature. The merchandise at issue is not included more specifically in the tariff and therefore classifiable under this provision.

The applicable subheading for the "Carpenter's Super Bib Apron" and the "Carpenter's Waist Apron" will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles, including dress patterns: Other: Other: Other....Other: Other.. The rate of duty will be 7 percent ad valorem..

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 Alan Tytleman at 212-466-5896.


Roger J. Silvestri

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