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NY L80760





November 29, 2004

CLA-2-62:RR:NC:3:353 L80760

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6307.90.9889

Ms. Sandy Stubblefield
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of Bib Aprons from China.

Dear Ms. Stubblefield:

In your letter dated November 10, 2004, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. Style 4250 “Medium Length Apron with Pouch” is an uni-sex Bib Apron made of a 65% polyester and 35% cotton woven fabric. The garment reaches to mid- thigh and features self-fabric capping around the outer edges of the garment forming the adjustable neck strap fastened by a plastic buckle. The entire apron has self-capping and this capping also forms the straps that are tied in the back of the wearer at the waist area. The apron also has a front pocket on the bottom that is divided into 3 parts.

Style 4350 “Full Length Apron with Pockets” is an uni-sex Bib Apron made of a 65% polyester and 35% cotton woven fabric. The garment reaches to the knee and features self-fabric capping around the outer edges of the garment forming the adjustable neck strap fastened by a plastic buckle. The entire apron has self- fabric capping and this capping also forms the straps that are tied in the back of the wearer at the waist area. The apron also has two patch pockets at the wearer’s waist.

Style 2115 “Waist Apron” is a tool apron made of a 65% polyester and 35% cotton woven fabric. The garment is a rectangular-shaped half apron, which measures approximately 20 inches in width by 10 inches in length. It features self-fabric capping on top that extends to tie around the wearer’s waist. It has one large pocket approximately 8 inches high divided into three sections. This item has insufficient coverage to be considered a protective apron.

The applicable subheading for styles 4250 and 4350 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments, women’s or girls’: of man-made fiber, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 2115 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, other: other. The duty rate will be 7 percent ad valorem.

Styles 4250 and 4350 fall within textile category designation 659. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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