Men's woven cotton terry wrap.

HQ 955471 February 17, 1994 CLA-2 CO:R:C:T 955471 HP CATEGORY: Classification TARIFF NO.: 6211.32.0081 Mr. Mitchel R. Scher President Vandegrift Forwarding Company, Inc. One Evertrust Plaza Jersey City, N.J. 07302 RE: Men's woven cotton terry wrap. Dear Mr. Scher: This is in reply to your letter of October 27, 1993. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of after-shower wrap, produced in Turkey. Please reference your client Van Baalen Pacific Corp. FACTS: The merchandise at issue consists of a woven cotton terry wrap, style no. 040300. The sample has a partially elasticized waistband with Velcro~-like strips at either end to provide closure when the garment is wrapped around the body. The Vel- cro~-like strips close left over right. The garment has a patch pocket on the left side approximately 4" below the top of the waistband. The garment measures 18" from the top of its waist- band to its hemmed bottom. The garment is labeled "one size." We note that, even though the garment is labeled "one size," it does not provide sufficient coverage for women. ISSUE: Whether the wrap is classified as a robe or as an other garment under the HTSUSA? LAW AND ANALYSIS: Heading 6207, HTSUSA, provides for, inter alia, men' and boys' robes. Heading 6211, HTSUSA, provides for other garments. In HRL 088187 of January 24, 1991, classifying substantially identical merchandise, we stated that: We do not believe that the men' 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' 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 merchan- dise in HRL 088187, we find that it is also classifiable as an other garment. HOLDING: As a result of the foregoing, the instant merchandise is classified under subheading 6211.32.0081, HTSUSA, textile category 359, as other garments of cotton. The applicable rate of duty is 8.6 percent ad valorem. 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 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 your 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 your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John Durant, Director