HQ 955471: Men's woven cotton terry 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 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