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NY H82555

July 23, 2001

CLA-2-61:RR:NC:WA:361 H82555


TARIFF NO.: 6108.92.0030

Ms. Johanna Jin
J.W.E. Silk Inc.
180 Madison Avenue – 16th floor
New York, NY 10016

RE: The tariff classification of a unisex robe from China.

Dear Ms. Jin:

In your letter dated June 19, 2001, you requested a classification ruling for a unisex robe. As you have requested, the garment is being returned to you.

Style K606298 is a robe constructed from 100% polyester knit fleece fabric. The robe has a full front opening; a self fabric belt; a shawl collar; long sleeves; two patch pockets below the waist; and a plain, hemmed bottom.

You have described the garment as “unisex.” Unisex garments are classified based on the requirements of Chapter 61, note 9, which states:

Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

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 the 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 garments in heading 6108.

The applicable subheading for style K606298 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit robes of man-made fibers. The rate of duty will be 16.3 percent ad valorem.

Style K606298 falls within the textile category designation 650. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 Angela De Gaetano at 212-637-7029.


Robert B. Swierupski

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