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NY N023392

March 7, 2008



TARIFF NO.: 6211.43.0091, 9608.20.0000

Mr. Fung Alan
Sourcerite Factory Ltd.
3/F William Enterprises Industrial Bldg.
San Po Kong
Kowloon, Hong Kong

RE: The tariff classification of a patient hospital gown with magic marker from China.

Dear Mr. Alan:

In your letter undated letter, you requested a classification ruling. The sample which you submitted is being returned as requested.

Style 1 is a hospital patient gown made of woven 50% polyester/50% cotton fabric. The full length hospital gown has short sleeves and a full back opening. The garment has hook and loop tape down the sleeves and back to facilitate closure and removal of the garment.

Style 2 is the identical to Style1 with the exception that it is made of woven 100% polyester fabric.

Both styles will have a magic marker included with the gown.

Due to the fact that the Style 1 hospital patient gown is to be constructed of a 50/50 blend of fibers, it is classified using HTSUS Section XI Note 2(A) and Subheading Note 2(A). The patient hospital gown will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The hospital patient gowns may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

      The applicable subheading for the hospital gown Style 1 and 2 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Track suits,Other garments women’s or girls’: Of man-made fibers, Other." The duty rate will be 16% ad valorem. The textile category is 659. The textile category designation is 659.

   The applicable subheading for the magic marker, will be 9608.20.0000, HTSUS, which provides for felt tipped pens and other porous-tipped pens and markers. The rate of duty will be 4% 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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