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NY H89118





April 4, 2002

CLA-2-62:RR:NC:3:353 H89118

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3050; 6204.63.3530; 6505.90.7090; 6307.90.9889; 9503.90.0080; 4820.90.0000.

Ms. Dana N. Mobley
J.C. Penney Purchasing Corp.
P.O. Box 10001
Dallas, TX 75301

RE: The tariff classification of a doctor’s kit from Hong Kong.

Dear Ms. Mobley:

In your letter dated March 8, 2002, you requested a classification ruling. As requested, the samples will be returned to you.

Your submitted sample, style 651-2267 is a children’s doctors kit. The sample includes “scrubs”, a child’s uni-sex pair of pants and a top of 65% polyester and 35% cotton woven fabric. The pants feature an elasticized waist and elasticized bottoms. The top features overcast short sleeves, an overcast neckline and bottom and a back opening secured with three hook and loop closures. Also included are a surgical head covering and face mask. There are various toy plastic medical instruments including: a stethoscope, reflex hammer, needle and ear examination tool. Finally, there is a small cardboard patient record card.

When the HTS was written, it removed textile costumes from classification within Chapter 95 by operation of Note 1 (e). Further, the remaining costumes (not of textile) were move from the toy provision (where it had been in TSUSA) to the festive, carnival and other entertainment Heading (9505). At the same time, the following language was included in the Explanatory Notes for 9503.70:

“Outfits” are two or more different articles put up in the same packing for retail sale without repacking, specific to a particular type of recreation, work, person or profession”

Because of that history, Customs concluded that outfits of 9503.70 are for role-play. The necessary “tools of the trade” are all that is needed to create the activity, work, or profession the child is imitating. These “tools” are frequently toys such as weapons, wands, fake make-up, or high heels. However, they can be non-toy articles such as imitation jewelry, make-up, and other gown-up items. Outfits of 9503.70 can not contain wearing apparel.

The doctor’s outfit consists of two garments, a top and pants. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The applicable subheading for the top will be 6206.40.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other, other: girls’: other. The duty rate will be 27.2 percent ad valorem.

The applicable subheading for the bottoms will be 6204.63.3530, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, . . ., trousers: . . .: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: trousers and breeches: girls’: other. The duty rate will be 29 percent ad valorem.

The applicable subheading for the head covering will be 6505.90.7090, 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 man-made fibers: other: wholly or in part of braid, other: other: other. The duty rate will be 6.9 percent ad valorem..

The applicable subheading for the face mask will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the plastic instruments will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys; . . . : other, other. The duty rate will be Free.

The applicable subheading for the patient record card will be 4820.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for registers, account books, . . ., of paper or paperboard: other. The duty rate will be 1.1 percent ad valorem.

The top falls within textile category designation 641. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The pants fall within textile category designation 648. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of visa.

The head covering falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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