CLA-2-62:RR:NC:3:353 K89137
Ms. Jill Simmons
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, SC 29413-0160
RE: The tariff classification of an examination gown from Pakistan.
Dear Ms. Simmons:
In your letter dated August 26, 2004, on behalf of Best Manufacturing, you requested a classification ruling.
The submitted sample, style 89054281 is an unisex patient examination gown made of 55% cotton and 45% polyester woven fabric. The gown features ¾ sleeves, and a full back opening with fabric ties at the neck and the waist. The edges are unfinished.
You suggested classification of this garment under subheading 6208.91.1010, HTS, which provides for robes. We disagree. Fairchild’s Dictionary of Fashion by Charlotte Mankey Calasibetta defines “robe” as “Informal clothing usually styled like a loose coat; may be sashed, buttoned, zipped, or hang losse. Worn over pajamas or nightgown, at the beach, or for informal entertaining at home. Current meaning of the word is shortened form of the word bathrobe or dressing robe.” Since you have stated that the gown is used in medical settings for examination purposes, it is not similar in use to items classifiable in this subheading.
The applicable subheading for style 89054281 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton, other. The duty rate will be 8.1 percent ad valorem.
Style 89054281 falls within textile category designation 359. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division