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NY M82504




April 28, 2006

CLA-2-62:RR:NC:N3:353 M82504

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030, 6204.63.3510, 6205.30.2070

Ms. Evelyn Phillips
108 Cortland Circle
Clayton, NC 27520

RE: The tariff classification of scrub shirt, pants, and jacket from Brazil, China and India.

Dear Ms. Phillips:

In your letter dated April 8, 2006 you requested a classification ruling. The samples will be returned to you as requested.

Four samples were submitted with your request.

The V-Neck unisex Scrub Top is made of woven 65% polyester/35% cotton fabric. The garment has short sleeves and a breast pocket.

The unisex Cargo Scrub Pants are made of woven 65% polyester/35% cotton fabric. The pants have an elasticized waistband, with an inside drawstring and a fly front. There are two side pockets, one back pocket as well as two mid-thigh cargo pockets.

The unisex Basic Scrub Pants are made of woven 65% polyester/35% cotton fabric with an elasticized waistband with inside drawstring and a functional fly front.

The Warm-Up shirt/jacket is made of woven 65%/35% cotton fabric. The crew neck shirt/jacket has a full front snap closure that closes left over right, a breast pocket and two large front pockets. The collar and cuffs are a rib knit fabric. The warm-up shirt/jacket is worn over the scrub shirt.

     Chapter 62, Note 8. Garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

The applicable subheading for the scrub top will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other, Other: Women’s.” The duty rate will be 26.9% ad valorem. The textile category designation for China is 641.

The applicable subheading for the Cargo and Basic Scrub Pants will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other, Trousers and breeches: Women’s.” The duty rate will be 28.6% ad valorem. The textile category designation for China is 648.

 The applicable subheading for the Warm-Up shirt/jacket will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ shirts, of man-made fibers, other, other, other, other, men’s. The duty rate will be 29.1cents/kg plus 25.9% ad valorem. The textile category designation for China is 640.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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