CLA-2 CO:R:C:G 088187 CC
Mr. Irving A. Mandel, Esq.
40 Exchange Place
12th Floor
New York, NY 10005
RE: Modification of HRL 086668; classification of a men's terry
wrap from Turkey; classifiable as an other garment in
Heading 6211
Dear Mr. Mandel:
On June 4, 1990, we issued Headquarters Ruling Letter (HRL)
086668 concerning the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) of men's and
women's cotton terry wraps. Upon further review, we have
determined that the classification of the men's wrap was
incorrect.
FACTS:
The men's wrap, designated by you as style KE-420W1, is
designed to wrap around the waist and extends from the waist to
near the knees. It has a partially elasticized waist, hook and
loop closure, and a patch pocket, which measures approximately
six inches by seven inches. This wrap is made of 100 percent
woven cotton terry fabric.
ISSUE:
Whether the men's wrap at issue is classifiable in Heading
6207, HTSUSA, or in Heading 6211, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Heading 6207, HTSUSA, provides for men's or boys singlets
and other undershirts, underpants, briefs, nightshirts, pajamas,
bathrobes, dressing gowns and similar articles. The question in
this case is whether the men's wrap at issue is classifiable as a
men's bathrobe, dressing gown, or similar article in this
heading.
A bathrobe is defined by Webster's Third New International
Dictionary, Unabridged (1986) as "a loose ankle-length or knee-
length garment usu. of a warm or absorbent material that is worn
before and after bathing and sometimes as a dressing-gown."
A dressing gown is defined by Webster's as an "ankle-length
or knee-length loose or tailored robe usu. of silk or other fine
material that is worn informally (as at home) esp. while dressing
or resting."
A robe is defined by Webster's as "1 c : a usu. loose
wraparound garment of varying length for informal wear esp. at
home (as a bathrobe or dressing gown)."
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, November 23,
1988, state that the physical characteristics expected in
dressing gowns, including bath robes, beach robes, lounging robes
and similar apparel, are the following:
1) Looseness
2) Length, reaching to the mid-thigh or below
3) Usually a full or partial front opening, with or without
a means of closure
4) Sleeves are usually, but not necessarily, present
We do not believe that the men's wrap at issue meets the
definition of a bathrobe or a dressing gown, nor does it have the
physical characteristics of similar apparel. Although it is a
wraparound garment, it is neither long nor loose fitting. It
does not have sleeves or any upper body coverage. Although the
men's wrap could be used while shaving or immediately before or
after taking a bath, it would not normally be used for lounging,
resting, or similar informal wear at home. Consequently, we do
not believe that the men's wrap at issue is classifiable as a
bathrobe, dressing gown or similar article in Heading 6207.
Instead it is classifiable in Heading 6211, HTSUSA, which
provides for other garments.
HOLDING:
The men's wrap at issue is classified under subheading
6211.32.0080, HTSUSA, which provides for other garments, men's or
boys', of cotton, other. The rate of duty is 8.6 percent ad
valorem, and the textile category is 359.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
The designated textile and apparel category may be
subdivided into parts. If so, 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 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 notice should be considered a modification of
HRL 086668 pursuant to 19 CFR 177.9(d)(1). Although HRL 086668
will not be valid for future transactions for the men's wrap at
issue, this modification will not be applied retroactively. We
recognize that pending transactions may be adversely affected by
this ruling. If it can be shown that you have relied on
HRL 086668 to your detriment, e.g., ordered merchandise after the
receipt of HRL 086668 that will be imported after the date of
this ruling, you may notify this office and apply for relief from
the effects of this modification.
HRL 086668, dated June 4, 1990, is modified accordingly.
Sincerely,
Harvey B. Fox, Director
Office of Regulations and Rulings