HQ 081902: Tariff classification of a men's cotton terry shower wrap

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 081902

                                    May 18, 1988

          CLA-2 CO:R:C:G  081902  CMR  828325

          CATEGORY:  Classification

          TARIFF NO:  381.0890; 6211.32.0080

          Mr. John Goodrich
          Fingerhut Corporation
          4400 Baker Road A195
          Minnetonka, MN  55343

          RE: Tariff classification of a men's cotton terry shower wrap

          Dear Mr. Goodrich:

              This is in response to your letter of January 29, 1988,
          requesting a ruling on the tariff classification of a men's
          cotton terry shower wrap which will be imported from Turkey.

          FACTS:

              The submitted sample is a woven 100 percent cotton terry
          shower wrap for men.  The waistband is partially elasticized at
          the rear.  Velcro along the front portion of the waistband
          provides a means of closure allowing the garment to be securely
          wrapped around the waist.  The garment has a pocket about five
          inches below the waist on the left front side.  The pocket is
          ornamented with "His" embroidered upon it.

              You stated that you have been advised locally that the
          garment is classifiable in item 381.5020, Tariff Schedules of the
          United States Annotated (TSUSA).  You further stated that you
          believe the garment is classifiable under subheading 6207.91.1000
          or 6207.91.3000, Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).

          ISSUE:

              Whether the garment at issue is classifiable in item
          381.5020, TSUSA, and 6207.91.1000, HTSUSA, or 6207.91.3000,
          HTSUSA, or some other provisions of the tariff schedules.

          LAW AND ANALYSIS:

              Apparently, the advice you received was based on a belief
          that the garment is classifiable in the provision for dressing
          gowns, including bathrobes and beach robes.  This belief is in












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          error.  A robe is a long, loose garment.  This garment is neither
          long nor loose.  It does not extend above the waist, and it fits
          snugly with the velcro closure.  It is not a garment likely to be
          worn for lounging, but would more likely be worn in a sauna or
          used as a wrap-around while shaving.

          HOLDING:

              The garment at issue is classifiable in the provision for
          other men's and boys' wearing apparel, ornamented, of cotton,
          other, not knit, other, other, in item 381.0890, TSUSA, textile
          category 359.  The rate of duty is 14 percent ad valorem.

              Under the proposed HTSUSA, the garment is classifiable in the
          provision for other garments, men's or boys', of cotton, other,
          in subheading 6211.32.0080, HTSUSA, textile category 359.  The
          rate of duty is 8.6 percent. This classification represents the
          present position of the Customs Service under the proposed
          HTSUSA.  If changes occur before enactment, this advice may not
          continue to be applicable.

              Your sample will be returned, as requested, under separate
          cover.

                                          Sincerely,



                                          John Durant
                                          Acting Director
                                          Commercial Rulings Division





























          6cc: Area Director, New York Seaport
          1cc: CITA
          1cc: NIS Gerard Shea