CLA-2 CO:R:C:T 952241 CRS
Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
43rd Floor
New York, NY 10036
RE: Cotton terry bathrobe; unisex garments; Note 8, Chapter 62,
HTSUSA; Textile Guidelines; identifiable as a men's garment.
Dear Mr. Stack:
This is in reply to your letter of July 15, 1992, on behalf
of Roytex, Inc., regarding the classification of a bathrobe under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). A sample of the merchandise in question was submitted
for our examination.
FACTS:
The merchandise at issue is a bathrobe, style number 08002.
The bathrobe is made from 100 percent cotton woven terry fabric,
has 3/4 length sleeves, a full frontal opening, two patch pockets
below the waist, and a self-fabric belt. The bathrobe measures
56 inches in the chest and 48 inches in back length. The robe is
labeled "one size fits all" and is manufactured in the People's
Republic of China.
While you state that Roytex specializes in men's dressing
gowns and men's sportswear, you nevertheless contend that the
article in question is a unisex garment properly classifiable as
a women's bathrobe.
ISSUE:
The issue presented is whether the bathrobe in question is a
unisex garment such that it is classifiable, pursuant to Note 8,
Chapter 62, HTSUSA, under a provision for women's robes.
LAW AND ANALYSIS:
Heading 6207, HTSUSA, covers inter alia, men's bathrobes and
dressing gowns; heading 6208, HTSUSA, covers inter alia, women's
bathrobes and dressing gowns. Note 8, Chapter 62, HTSUSA, states
that articles which cannot be identified as either men's or boys'
garments, or women's or girls' garments, are to be classified in
the headings covering women's or girls' garments. While Roytex
sells only to the men's market, you contend that the "one size
fits all" bathrobe at issue is properly classifiable as a women's
bathrobe pursuant to Note 8.
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories (Textile Guidelines), 53
Fed. Reg. 52563, 52564 provide that:
Unisex garments are usually sold in both men's and
boys' and in women's and girls' departments and stores.
Garments which are only sold in men's or boys'
departments or stores are usually not commonly worn by
either sex and are therefor not unisex.
In determining whether a garment is identifiable
as men's or boys', or as women's or girls', the
following should be considered: (1) Sizing, (2)
construction, (3) styling, and (4) other factors such
as packaging, labelling, etc....Other factors may be
considered and any factor may be determinative by
itself or in combination with one or more factors.
In view of the fact that Roytex sells exclusively to the men's
market, we are advised by the National Import Specialist
responsible for this line of merchandise that the commercial
reality is that the label "one size fits all" means that the
bathrobe fits all men. Accordingly, Customs' is of the view that
the bathrobe in question is identifiable as a men's bathrobe and
classifiable in heading 6207.
HOLDING:
The bathrobe at issue, style number 08002, is classifiable
in subheading 6207.91.1000, HTSUSA, under the provision for men's
cotton bathrobes. The textile category is 350.
The designated textile and apparel category may be divided
into parts. If so, the visa and quota requirements applicable to
the subject merchandise may be affected. Since 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 your client
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 client's local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of the instant merchandise in
order to determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director