HQ 085475: Reconsideration of NYRL 838439

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 085475

                        November 22, 1989




CLA-2  CO:R:C:G   085475 CC   838439

CATEGORY:  Classification

TARIFF NO.: 6108.92.0030

Mr. James Shaw
Associated Merchandising Corporation
50 Terminal Road
Secaucus, N.J.  07096

RE:  Reconsideration of NYRL 838439

Dear Mr. Shaw:

      This letter is in response to your request for
reconsideration of NYRL 838439, dated April 5, 1989, which
classified an article of women's knitwear as a coat.  A sample
was submitted for examination.

FACTS:

     The sample at issue, designated as style 1564, is a women's
garment that is approximately 48 inches long and is made of knit
fabric.  It is composed of 65 percent polyester and 35 percent
cotton fleece.  The garment has a full frontal opening with a
zipper closure, two large slash pockets near the waist, long
sleeves with turned up cuffs, and a hemmed shirt-tail bottom.
The neckline is a rib knit, turtleneck collar.  You state that
this garment is not intended for outdoor wear and is unsuitable
for use as a coat.   According to your submissions, it is being
sold in sleepwear departments as a robe.

ISSUE:

     Whether the sample garment is classifiable as a coat in
Heading 6102 of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) or as a robe in Heading 6108, 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 6102, HTSUSA, provides for women's coats, among
other articles.  According to the Explanatory Notes, the official
interpretation of the HTSUSA at the international level, this
heading covers a category of knitted or crocheted garments that
is generally worn over all other clothing for protection against
the weather.  Although the sample garment is made of material
that is often used for athletic wear, we do not believe that it
is the type of article that would be worn outdoors for
protection against the weather.   Instead, the sample garment
appears to be an article of clothing which would be worn indoors
over sleepwear or similar clothing.  Therefore, the sample
garment is classifiable as a robe in Heading 6108, HTSUSA.

HOLDING:

     The sample garment is classified in subheading 6108.92.0030,
HTSUSA, which provides for women's or girls' bathrobes, knitted
or crocheted, other, of man-made fibers, other, women's, textile
category 650, and dutiable at the rate of 17 percent ad valorem.

     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.


     NYRL 838439, dated April 5, 1989, is hereby revoked,
pursuant to 19 CFR 177.9(d).



                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division