HQ 089248: Women's terry bath wrap classifiable as a bathrobe under Heading 6208

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 089248

                          July 26, 1991


CLA-2   CO:R:C:T    089248  SK

CATEGORY:    Classification

TARIFF NO.:  6208.91.1010

Ms. Lina Vaughan
BJ Customs Brokerage Co.
P.O. Box 91034
Los Angeles, CA 90009-1034


RE:   Women's terry bath wrap classifiable as a bathrobe under
      Heading 6208



Dear Ms. Vaughan:

     This ruling is in response to your letter dated April 26,
1991, on behalf of Frederick's of Hollywood, in which you
requested classification of women's terry bath wraps under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).

FACTS:

     The submitted sample is a woman's bath wrap manufactured
from 100% woven cotton terry cloth.  The garment covers the bust
and extends to approximately mid-thigh.  The wrap features a top
edge with one inch wide elastic, six inch wide velcro-like strips
for a closure and a patch pocket with an embroidered crest.

ISSUE:

     Whether the women's bath wraps at issue are classifiable in
Heading 6208, HTSUSA?









                              - 2 -




LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's).  In
the event that goods can not be classified solely on the basis of
GRI 1, and if the headings and legal notes do not otherwise
require, the remaining GRI's may be applied to any classification
issue, taken in order.

     Heading 6208 provides for women's or girls' bathrobes,
dressing gowns and similar articles.  The inclusion of the term
"similar articles" indicates an intent to include additional
items in these headings and not to limit classifications in this
heading to bathrobes in the traditional sense.

     While the subject garment is not a robe per se in that it
lacks sleeves and does not cover the shoulders, it nevertheless
functions as a bath robe in that it is composed of absorbent
cotton terry and is used before and after bathing.  These
functions are similar to those of bath robes and therefore the
bath wraps are properly classified as "similar apparel" to bath
robes under heading 6208, HTSUSA.

     The Essential Terms of Fashion, a treatise on fashion
terminology, includes a beach wrapup under the definition for
robes.  A beach wrapup is defined as a "large square or
rectangle of fabric frequently of terry cloth, wrapped around the
body in various ways" (p. 156).  The subject wraps fall within
the definition of "robe" and must be classified accordingly.

HOLDING:

     The women's terry bath wraps are classifiable in subheading
6208.91.1010, HTSUSA, which provides for women's and girls'
bathrobes, dressing gowns and similar articles of cotton.  The
textile category is 350 and the rate of duty is 8.5% ad valorem.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.






                              - 3 -




     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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.





                                     Sincerely,




                                     John Durant, Director
                                     Commercial Rulings Division