HQ 954803: Classification of a men's woven terry wrap; Chapter 62, Note 8.

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 954803

                        November 10, 1993

CLA-2 CO:R:C:T 954803 ch

CATEGORY:  Classification

TARIFF NO.:  6211.32.0081

Patricia Farrell
Vice-President
Export-Import Services, Inc.
900 Route 9
Woodbridge, New Jersey  07095-1003

Re:  Classification of a men's woven terry wrap; Chapter 62,
     Note 8.

Dear Ms. Farrell:

     This is in response to your letter of July 12, 1993,
requesting tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) for a men's
woven terry wrap.  A sample was provided to this office for
examination and will be returned to you under separate cover. 

FACTS:

     The sample submitted, style EH93-2000, is a woven cotton
terry wrap.  It possesses a partially elasticized waistband and a
patch pocket on the left side approximately six inches below the
top of the waistband.  The garment measures 22 inches from the
top of its waistband to its hemmed bottom.  The waistband
features Velcro strips at either end which form a left over right
closure when the garment is wrapped around the body.  

ISSUE:

     What is the proper tariff classification for the instant
woven terry wrap?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI).  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.  Where goods cannot be classified on the basis of GRI 1,
the remaining GRI will be applied in order.

     The instant wrap is designed to be worn around the waist and
extends to approximately the knees.  In prior Headquarters
rulings, we have determined that wraps of this design are men's
garments.  See  Headquarters Ruling Letter (HRL) 088474, dated
April 16, 1991; HRL 088054, dated February 5, 1991; HRL 088147,
dated January 24, 1991; HRL 088187, dated January 14, 1991 (wraps
extending from the waist to the knee classifiable as men's
garments).  

     Furthermore, Chapter 62, note 8, HTSUSA, provides that:

     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.

In this case, the wrap features a left over right closure.  As
this item is not clearly designed for women, it is classifiable
as a garment for men.

     We note that this office has classified wraps extending from
the bust to mid-thigh as a women's garment.  See HRL 950795,
dated March 31, 1992; HRL 089248, dated July 26, 1991.  However,
in this instance the wrap is not of sufficient length for this
purpose.  

     In HRL 088187, the merchandise at issue was a wrap designed
to wrap around the waist, which extended from the waist to the
knees, with a hook and loop closure.  In that ruling, we observed
that:

     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 loose or tailored robe usu.
     of silk or other fine material that is worn informally
     (as at home) esp. while dressing or resting."

     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.

As the instant wrap is substantially similar to the merchandise
at issue in HRL 088187, we conclude that it is also classifiable
under Heading 6211, HTSUSA.

 HOLDING:

     The subject merchandise is classifiable under subheading
6211.32.0081, HTSUSA, which provides inter alia for other
garments:  men's or boys:  of cotton:  other.  The applicable
rate of duty is percent 8.6 ad valorem.  The textile quota
category is 359.

     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 the subject of frequent negotiations 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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at the 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 the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.

                         Sincerely,



                         John Durant, Director