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HQ 966393

August 26, 2003

CLA-2 RR:CR:TE 966393 KSH

TARIFF NO.: 6211.42.0056

Mr. John Edmondson
MedSystems International
2362 James Drive
Pittsburgh, PA 15237

RE: Revocation of New York Ruling Letter (NY) F89127, dated July 27, 2000; Classification of scrub type shirt; Heading 6211; Not Heading 6206

Dear Mr. Edmondson:

New York Ruling Letter (NY) F89127 was issued to you on July 27, 2000, concerning the classification, under the Harmonized Tariff Schedule of the United States (HTSUSA), of a scrub shirt. The article was classified in subheading 6206.30.3040, which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other, Other: Women’s.” We have reviewed that ruling and have determined that the classification provided is incorrect. Therefore, this ruling revokes NY F89127.

Pursuant to section 625(c), Tariff Act of 1930, as amended by section 623 of Title VI (Customs Modernization) of the North America Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) notice of the proposed modification of NY F89127 was published on July 16, 2003, Vol. 37, No. 29, of the Customs Bulletin. No comments were received in response to the notice.


The garment at issue is a scrub shirt described as a nurse’s tunic composed of woven 55 percent cotton/ 45 percent polyester fabric. The unisex item has short sleeves, a V neckline, two patch pockets below the waist and a slit on each side at the bottom. ISSUE:

Whether the scrub shirt at issue is classifiable under Heading 6211, HTSUSA, or Heading 6206, HTSUSA.


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (EN), constitute the official interpretation at the international level. While neither legally binding nor dispositive, the EN provide a commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings.

Heading 6206, HTSUSA, provides for women’s or girls’ blouses, shirts and
shirt blouses. The EN to heading 6206, HTSUSA, state in pertinent part:

This heading covers the group of women’s or girls’ clothing, not knitted or crocheted, which comprises blouses, shirts and shirt-blouses.

This heading does not cover garments with pockets below the waist or with a ribbed waistband or other means of tightening at the bottom of the garment.

The garment at issue is a shirt. However, the garment has two patch pockets below the waist that preclude classification in heading 6206, HTSUSA. Consequently, the garment is properly classifiable in heading 6211, HTSUSA, as a shirt excluded from heading 6206.

Customs has consistently classified similar merchandise in this manner. See e.g., NY I85818, dated September 20, 2002; NY G82878, dated November 15, 2000; NY G83396, dated November 7, 2000; and NY G83397, dated November 13, 2000.


NY F89127, dated July 27, 2000, is hereby revoked. The scrub shirt is properly classifiable in subheading 6211.42.0056, HTSUSA, which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of cotton, Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: Other.” The general column one duty rate is 8.2 percent, ad valorem. The textile category designation is 341.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bi-lateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available we suggest you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, available on the CBP website at www. cbp.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact the local CBP office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.

Myles B. Harmon, Director
Commercial Rulings Division

1300 Pennsylvania Avenue, N.W., Washington, D.C. 20229

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