Tariff classification of a men's cotton terry shower wrap

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 -2- 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