HQ 083505
April 5 1989
CLA 2 CO:R:C:G 083505 SM
Andrew P. Vance, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016
RE: Tariff classification of sleep robe and accessories
Dear Mr. Vance:
Your letter of December 28, 1988, on behalf of Val Mode Lingerie, Inc., addressed to our New York office, requesting a tariff classification ruling for a women's wrap style "sleep
robe" and accessories from China, has been referred to this office for reply.
FACTS:
A sample was submitted. Your letter refers to two style numbers, 1508 and 1509, although only one garment was received. It is stated to be a "sleep robe." It is made of
100 percent woven polyester satin and features short sleeves cut in one piece with the front and back panels; a full front opening; a straight lower edge; front, neckline, and lower edges finished with self fabric bands; eight inch slits at the sides at the lower edges; a belt loop at the waist on either side; and a single patch pocket on the upper left front. It extends to about mid thigh length. It is accompanied by a two inch wide self fabric tie belt five and a half feet long.
A ten inch square handkerchief in a contrasting color is attached to the pocket with a small pin.
Portions of your letter state that the garment is sleep wear, while other portions state that it is a robe. You believe that it should be classified under subheading 6208.92.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), a provision for women's bathrobes, dressing gowns, and similar articles of man made fibers. You also believe that the handkerchief is classifiable together with the garment. No mention is made of the belt.
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ISSUE:
How are the "sleep robe" and accessories classified? Are they classified together as a set?
LAW AND ANALYSIS:
Classification under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and then, if necessary, in accordance with the remaining GRI's.
Section XI, HTSUSA, provides for textiles generally. Note 13 of Section XI provides that "[u]nless the context requires otherwise, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale." Belts and handkerchiefs are not considered garments but accessories, and their classification is not affected by this note.
Heading 6208, HTSUSA, provides for a number of types of women's garments including nightdresses, pajamas, negligees, bathrobes, dressing gowns, and similar articles. The posi
tion of the Customs Service is that nightdresses and pajamas are garments worn to bed for sleeping. Robes are not sleepwear. Textile Category Guidelines, C.I.E. 13/88. The submitted sample, stated to be both sleepwear and a robe, appears to be a robe. The full front opening, wrap styling, and self belt are more usual in robes than sleepwear.
Handkerchiefs, square or approximately square, of which no side exceeds 60 centimeters, are provided for under heading 6213, HTSUSA. Note 7, Chapter 62, HTSUSA. The Explanatory Notes (EN), the official interpretation of the HTSUSA at the international level, for heading 6213, indicate that it is intended to include not only ordinary handkerchiefs, but also
those worn as ornaments, such as the submitted sample.
Textile belts of all kinds are provided for under heading 6217, HTSUSA, a provision for other made up clothing accessories.
Since no single heading provides for the robe, the belt, and the handkerchief, classification cannot be determined under GRI 1.
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GRI 2(a), concerning incomplete or unassembled articles, does not apply in this case.
GRI 2(b) provides that goods consisting of more than one material or substance and appearing to be classifiable under more than one heading, such as the garment, belt, and handker
chief in question here, must be classified according to GRI 3.
GRI 3(a) provides that the more specific heading is to be preferred. However, when "two or more headings each refer to part only of the materials or substances contained in mixed
or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods . . . ." In this case different headings each refer to part only of the goods to be classified. Thus classification cannot be determined
according to which heading is more specific.
GRI 3(b) provides that "/m/ixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character . . . ."
The EN for GRI 3(b) provide interpretation of the terms essential character, composite goods, put up in sets for retail sale. With regard to composite goods they state:
For the purposes of /GRI 3(b)/, composite goods
made up of different components shall be taken
to mean not only those in which the components
are attached to each other to form a practically
inseparable whole but also those with separable
components, provided these components are adapted
one to the other and are mutually complementary
and that together they form a whole which would
not normally be offered for sale in separate parts
. . . . As a general rule, the components of these
composite goods are put up in a common packing.
The robe and belt fall within this description. Separable components, they are adapted to one another in that the loops on the robe are sized to accommodate the width of the belt. The two components are mutually complementary in their use, as the belt provides the only means of closure for the robe; are packed together; and would not normally be offered for sale separately.
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However, the robe belt combination and the handkerchief in question here cannot be described as composite goods. There is no particular adaptation between the two. However,
the robe belt combination and the handkerchief can still be classified together if the whole falls within the description of sets. The EN state that goods put up in sets for retail sale are those which:
(a) consist of at least two different articles
which are, prima facie, classifiable in
different headings . . .;
(b) consist of products or articles put up together
to meet a particular need or carry out a spe
cific activity; and
© are put up in a manner suitable for sale
directly to users without repacking . . . .
The robe belt handkerchief combination consists of three articles prima facie classifiable in different headings. These articles are put up together to provide an outfit coordinated in color and style. They are stated to be imported together; we assume that they are ready for direct sale
without repacking.
The EN state further that the factor determining essential character will vary with different kinds of goods. It may be "the nature of the material or component, its bulk,
quantity, weight or value, or . . . the role of a constituent material in relation to the use of the goods." With regard to the style under consideration here, as in virtually every instance involving accessory and garment combinations, it is the garment which provides the essential character. The accessories, barring exceptional circumstances, are not the main reason for the existence of the combination or the primary motivating factor governing its purchase.
The essential character of the set is provided by the robe. The handkerchief is merely an accessory accenting it and would not be the main reason for the existence of the set
or the primary motivating factor governing its purchase. The robe and handkerchief are therefore classified under the provision for the robe.
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HOLDING:
The robe, belt, and handkerchief are classified under subheading 6208.92.0010, HTSUSA. The textile category for the robe is 650. The textile category for the handkerchief, from subheading 6213.90.1000, HTSUSA, is 630. Garments and clothing accessories entered as components of sets require separate statistical reporting for textile restraint purposes, pursuant to the Committee for the Implementation of Textile Agreements directive of December 23, 1988.
Because of the changeable nature of the statistical annotation, i.e., the ninth and tenth digits of the tariff number, and of the textile restraint categories, you should contact your local Customs office before importing this merchandise to determine the current status of any import
restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division