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NY E89156

November 16, 1999

CLA-2-62:RR:NC:3:353 E89156


TARIFF NO.: 6206.0.3040; 6505.90.2060; 6211.42.0081; 3926.20.9010

Mr. Louis Casasnovas
Alba Wheels Up Int’l., Inc.
One Exchange Place, Suite 501
Jersey City, NJ 07302

RE: The tariff classification of a chef’s jacket, hat, and aprons from China.

Dear Mr. Casasnovas:

In your letter dated October 26, 1999, on behalf of Acme International, you requested a classification ruling.

Four samples were submitted with your request. The chef’s jacket, hat and textile apron is composed of woven 75% cotton/25% polyester fabric. The fourth sample is an apron whose outer layer is constructed of a textile fabric, which is coated or covered on the outer surface with a cellular plastic material that is in turn covered with a compact plastic material. The chef’s jacket is designed with a mandarin collar, long sleeves and is double breasted. The unisex jacket can be buttoned left over right and right over left. The chef’s hat has a bouffant crown and a hook and loop closure at the back. Both aprons cover the front torso. They have two pockets at the front of the garments and a textile neck strap and two self ties that tie around the back.

Chapter 59 note 2(a)(5), states that:

2. Heading 5903 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(5) Plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (chapter 39)

The textile fabric backing for the plastic apron is used merely for reinforcement purposes and therefore the apron is classified in Chapter 39.

The applicable subheading for the plastic apron with textile backing will be 3926.20.9010, Harmonized tariff Schedule of the United States (HTS), which provides for “ Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other, Aprons.” The duty rate will be 5% ad valorem.

The applicable subheading for the chef’s jacket will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other, Other: Women’s.” The duty rate will be 15.9% ad valorem.

The applicable subheading for the chef’s hat will be 6506.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton, Other.” The rate of duty will be 7.8% ad valorem.

The applicable subheading for the textile apron will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski and swimwear; other garments: Other garments, women’s or girls’: Of cotton, Other.” The duty rate will be 8.4% d valorem.

The chef’s jacket falls within textile category designation 341, the textile apron and hat fall within textile category designation 359. Based upon international textile trade agreements products of China 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7084.


Robert B. Swierupski

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