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NY I81620

June 3, 2002

CLA-2-3:RR:NC:3:353 I81620


TARIFF NO.: 6206.40.3030

Mr. Peter Wholohan
Locked Bag 2900, CCDC
NSW Australia 2252

RE: The tariff classification of uniform shirt and headbands from Australia.

Dear Mr. Wholohan:

In your letter dated May 1, 2002 you requested a tariff classification ruling. The samples are being returned to you.

The submitted samples a ladies uniform shirt and headbands. Style 1077 is a lady’s uniform shirt composed of woven 75% polyester/25% cotton fabric. The uniform shirt has short sleeves and extends to below the hip with a vent on each side. The garment has a full front button right over left closure and a mandarin collar.

The applicable subheading for the lady’s uniform shirt, style 1077 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’, blouses, shirts and shirts-blouses: Of man-made fibers: Other: Other, Other: Women’s.” The duty rate will be 27.2% ad valorem.

Style 1077 falls within textile category designation 641. Based upon international textile trade agreements products of Australia are not subject to quota and the requirement of a visa.

Please Note: The issue of the classification of headbands under subheadings 6117.80.95 and 6217.10.95 is currently pending before the United States Court of International Trade (CIT) in the matter of Becker Glove International Inc. v. United States, Court No. 02-00278, April 9, 2002. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the Court of International Trade, we are unable to issue a classification ruling letter to you with respect to styles 2030 and 2017. Accordingly, we are administratively closing our file.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, U.S. Customs Service, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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 above, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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