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NY I89841




January 22, 2003

CLA-2-62:RR:NC:3:353 I89841

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081, 6211.43.0091, 6206.40.3030, 6205.30.2070, 6211.33.0061

Mr. Ash Marfatia
Hamaida Textiles Inc.
142 Vine Ave.
Toronto, Ontario

RE: The tariff classification of aprons, chef coat, cook shirt and lab coat from Mongolia.

Dear Mr. Marfatia:

In your letter dated January 6, 2003 you requested a classification ruling.

The submitted samples are two aprons, one chef coats, one cook’s shirt and one lab coat. The two samples of unisex bib aprons cover the front torso, have a neck strap and two ties at the back. One apron is made of woven 100% cotton fabric and the other is woven 65% polyester/35%cotton fabric. The chef coat is made of woven 65% polyester/35% cotton fabric. The unisex garment is double breasted, hip-length with long sleeves and a mandarin collar. The chef’s coat has a front button closure that closes left over right or right over left. The cook’s shirt cook’s shirt is made from woven 65% polyester/35%cotton fabric. The garment has short sleeves, a pointed collar, left breast pocket and a button closure that closes left over right. The lab coat is made from woven 65% polyester/35% cotton fabric. The garment extends to the knee, has long sleeves, notched collar, two pack pockets, left breast pocket and a full snap closure that closes left over right.

The balance of the samples are being returned to you. You requested classification of 21 items. Please limit your samples to no more than 5 items (aprons together, pants together etc.) of the same class or kind to each binding ruling request. Also, provide a sample for each fabric content (100% cotton, 100% polyester, 65% polyester/35% cotton) for each item. Please provide style numbers for each item. See attached instructions.

Chapter 62, note 8 states: “Garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boy’s garments, and those designed for right over left closure at the front as women’s or girls’ garmentsGarments which cannot be identified as either men’s or boys’ garments or as women’s or girls’, garments, are to be classified in the headings covering women’s or girls’ garments.”

The applicable subheading for the 100% cotton apron will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suitsOther garments, women’s or girls’: Of cotton, Other.” The duty rate will be 8.2% ad valorem. The textile category designation is 359.

The applicable subheading for the 65% polyester/35% cotton apron will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski suitsOther garments, women’s or girls’: Of man-made fibers, Other.” The duty rate will be 16.1% ad valorem. The textile category designation is 659.

The applicable subheading for the 65% polyester/35%cotton white chef coat will be 6206.40.3030, Harmonized Tariff schedule of the United States (HTS), which provides for “Women’s or girls’ blousesshirts: Of man-made fibers: Other: Other, Other: Women’s.” The duty rate will be 27.1% ad valorem. The textile category designation is 641.

The applicable subheading for the white cook’s shirt, 65% polyester/35% cotton will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ shirts: Of man-made fibers: Other: Other, Other: Men’s.” The duty rate will be 29.3 cents/kg + 26.1% ad valorem. The textile category designation is 640.

The applicable subheading for the men’s lab coat 65% polyester/35% cotton will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suitsOther garments, men’s or boys’: Of man-made fibers, Other.” The duty rate will be 16.1% ad valorem. The textile category designation is 659.

Based upon international textile trade agreements products of Mongolia are not subject to quota and the requirement of a visa.

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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