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NY A83437

May 31, 1996

CLA-2-62:RR:NC:WA:353 A83437


TARIFF NO.: 6211.42.0081

Mr. Jay Armstrong
Armstrong Global Corp.
4528 Bourbon Road
Muscotah, KS 66058

RE: The tariff classification of a Harvest Apron from China

Dear Mr. Armstrong:

In your letter dated May 1, 1996, received in our office on May 8, 1996, you requested a classification ruling. A sample was submitted with your request for examination.

The submitted sample is woven apron stated to be made from 100% cotton. The apron has textile neck strap and textile straps which enable the apron to be tied at the waist. There is a divided pocket at the center of the chest, another one at waist level and a metal d-ring at each lower corner. The apron features three male and female metal snaps along each side of the apron which allows the wearer to form multi-sized pouches for carrying bulky garden items such as weeds, flowers, twigs, etc. The waist textile straps can be threaded through the metal d-rings for added support. The test marketing packaging for the apron calls the item a Harvest Apron - a versatile gathering apron, used to protect clothing which converts to a three position multi-size harvest pouch.

The item at issue is an apron that provides protection to the clothes of the wearer.. When the snaps are utilized to form different size pockets the item still functions as an apron with the added feature of providing additional carrying capacity.

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI). GRI(1) requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI(1), the remaining GRI will be applied, in the order of their appearance.

Heading 6211, HTSUSA, provides for, inter alia, other garments. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 6211, HTSUSA, state, in relevant part:

...the Explanatory Note to heading 61.14 concerning other garments apply, mutatis mutandis, to the articles of this heading...

The EN to heading 6114, HTSUSA, state that this heading (other garments) includes garments not included more specifically in the preceding headings of this chapter. This heading includes, inter alia:

(1) Aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc.

The submitted item appears to be designed for the purpose of affording protection to the clothing during gardening activities. The sample garments are thus similar to the articles enumerated in EN(1) to heading 6114, HTSUSA, and applicable to heading 6211, HTSUSA.

The applicable subheading for the carpenter/harvest apron will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suits and swimwear; other garments: Of cotton: Other:. The duty rate will be 8.5 percent ad valorem.

The carpenter/harvest apron falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

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 Martin Weiss 212-266-5881.


Roger J. Silvestri

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