HQ 950795: Classification of a cotton terry wrap; Note 8, Chapter 62; HRL 089248

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 950795

                         March 31, 1992




CLA-2  CO:R:C:T   950795  CC

CATEGORY:  Classification

TARIFF NO.: 6208.91.1010

Tommy Lai
Second Secretary
Hong Kong Economic & Trade Affairs
British Embassy
1233 20th Street, NW, Suite 504
Washington, D.C. 20036

RE:  Classification of a cotton terry wrap; Note 8, Chapter 62;
     HRL 089248

Dear Mr. Lai:

     This letter is in response to your inquiry of November 25,
1991, requesting the tariff classification and textile category
of cotton terry wraps.  A sample was submitted for examination.

FACTS:

     The submitted sample is a bath wrap manufactured from a 100
percent woven cotton terry velour fabric.  The wrap measures 23
inches long and features an elasticized top edge and two 7-inch
velcro strips that act as a closure.  The submitted information
describes the item as "adult"; this merchandise is commonly worn
by males and females and is not identifiable as designed
exclusively for either.  When worn by a female, the wrap extends
from above the chest to approximately the mid-thigh; when worn by
a male, the garment extends from the waist to approximately the
knees. 

ISSUE:

     Whether the submitted merchandise is classified as a men's
garment or as a women's garment?



     Whether the submitted merchandise is classifiable as
bathrobes, dressing gowns and similar articles, or instead, as
other garments? 

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (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.  

     Because the merchandise at issue can be worn by both men and
women, Note 8 to Chapter 62 is applicable.  It provides that
articles of this chapter 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. 

     Heading 6208, HTSUSA, provides for women's or girls'
singlets and other undershirts, slips, petticoats, briefs,
panties, nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles.  In Headquarters Ruling Letter (HRL)
089248, dated July 26, 1991, we ruled that a women's terry bath
wrap, the same in all material respects to the garment here in
question, was classifiable in Heading 6208.  Consequently the
merchandise at issue is classifiable in Heading 6208.

HOLDING:

     The merchandise at issue is classified under subheading
6208.91.1010, HTSUSA, which provides for women's or girls'
singlets and other undershirts, slips, petticoats, briefs,
panties, nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles, other, of cotton, bathrobes, dressing
gowns and similar articles, women's.  The rate of duty is 8.5
percent ad valorem, and the textile category is 350.

     The sample is being returned under separate cover.

     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.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division