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NY N003089

December 7, 2006



TARIFF NO.: 6206.40.3030; 6204.63.3510; 6217.10.8500

Ms. Marcia L. Beasley
Unique Logistics International (ATL) Inc. 510 Plaza Drive
Suite 2290
Atlanta, GA 30349

RE: The tariff classification of scrub tops, pants and scrunchie from China.

Dear Ms. Beasley:

In your letter dated November 7, 2006, on behalf of M & M Headgear, Inc., you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample is a ladies “Nurses Uniform Set”. You state that these items: a scrub top, pants and a scrunchie are packaged together as a set for retail sale. The ladies scrub top is constructed of woven 65% polyester and 35% cotton woven fabric. The top features a V-neckline, hemmed short sleeves, two bottom patch pockets and a hemmed bottom. The ladies scrub pant is constructed of 65% polyester and 35% cotton woven fabric. The pant features an elasticized waist with drawstring, no front fly opening, back patch pocket, side slash pockets and hemmed bottoms. The scunchie pony tail holder is also made of 65% polyester and 35% cotton woven fabric.

The set consists of two or more garments. Note 13 of Section XI, of the HTSUS, requires that textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

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 percent ad valorem.

The applicable subheading for the scrub bottom 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: of synthetic fibers: other: other: other, trousers and breeches: women’s. The duty rate will be 28.6 percent ad valorem.

The applicable subheading for the pony tail holder will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides forother made up clothing accessories, parts of garments or of clothing accessories, other than those of heading 6212: accessories: other: headbands, ponytail holders and similar articles. The duty rate will be 14.6 percent ad valorem.

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/.

The top falls within textile category designation 641. The scrub pants falls within category designation 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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