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NY B88755




September 9, 1997

CLA-2-62:RR:NC:3:353 B88755

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6204.63.3510; 6206.40.3030; 6108.40.3030

Ms. Sue Hopkins
Standard Textile (The Healthcare Textile Co.) One Knollcrest Dr.
P.O. Box 371805
Cincinnati, Ohio 45222-1805

RE: The tariff classification of a surgical gown, scrub pants, scrub shirt and children's gown from Jordan.

Dear Ms. Hopkins:

In your letter dated August 14, 1997, received on our office on August 19, 1997, you requested a classification ruling.

The submitted samples are a surgical gown, scrub pants and shirt and a children's hospital gown and pajamas. All are unisex items. You state that the surgical gown consists of woven 100% polyester fabric. The surgical gown featurers knit cuffs and a full back opening with two ties, one at the neck, and one at the back waist. The scrub pants and shirt are stated to consist of 50% cotton/50% polyester woven fabric and the children's gown and PJ, is stated to consist of 100% polyester knit fabric. The children's gown features a full back opening and two ties at the neck.

The applicable subheading for the unisex hospital gown will be 6211.43.0091, 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 man-made fibers, Other. The duty rate will be 16.7% ad valorem.

The applicable subheading for the unisex scrub pants will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses skirts, divided skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other, Trousers and breeches: Women's. The duty rate will be 29.9% ad valorem.

The applicable subheading for the unisex scrub shirt will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which Women's or girls' blouses, shirts and shirtblouses: Of man-made fibers: Other: Other, Other: Women's. The duty rate will be 7% ad valorem.

The applicable subheading for the unisex children's gown and PJ will be 6108.32.0025, Harmonized Tariff Schedule of the United States (HTS),which provides for Women's or girls' slips', petticoats, briefs, panties, nightdresses, pajamas, negligees, articles,, knitted or crocheted: Nightdresses and pajamas: Of man-made fibers, Girls': Other. The duty rate will be 16.7% ad valorem.

Due to the fact that the scrub pants and shirt are stated is to be constructed of a 50/50 blend of fibers, it is to be classified on the basis of General Rule of Interpretation 3(c) of the classification principles. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The scrub pants and shirt may be subject to U.S. Customs laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The surgical gown falls within textile category designation 659 and the unisex scrub pants 648. The unisex scrub shirt falls within textile category 641 and the children's gown and PJ within textile category 651. Based upon international textile trade agreements products of Jordan are "not" currently subject to quota and the requirement of a visa.

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. 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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