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HQ 085687


January 5, 1990

CLA-2 CO:R:C:G 085687 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020; 6206.30.3040

M. Dumrong Indharameesup
Commercial Counselor
Royal Thai Embassy Suite 300
1122 Connecticut Ave., N.W.
Washington, D.C. 20036

RE: Classification of hospital scrub suit

Dear M. Indharameesup:

This is in response to your letter dated September 22, 1989, requesting, on behalf of INC (Thailand) Co., Ltd., the classification of a hospital scrub suit under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of a two piece surgical scrub suit. No sample was provided. The garment is described as solid green, made of 55 percent cotton and 45 percent polyester, 160 thread per square inch with a minimum of 12 stitches per inch. The yarn is #26 single. We will assume for classification purposes that the fabric is woven, since you did not specify whether it was woven or knit. A sketch of the garment which was submitted with the request for classification indicates that the top has a V-neck, short sleeves and one or two breast pockets, and a hemmed neck, sleeve cuffs and bottom. The trousers appear to have a drawstring waist, two back pockets, and legs that are hemmed at the bottom.

ISSUE:

Whether the garments at issue are classifiable under subheading 6204.62.4020, HTSUSA and 6206.30.3040, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section
or chapter notes. Note 8 to Chapter 62, HTSUSA, states that unisex garments are classified under the provisions for women's garments. Heading 6204 provides for, among other things, women's trousers. Subheading 6204.62.4020, HTSUSA, provides for trousers, bib and brace overalls, breeches, and shorts, of cotton, other, other, trousers and breeches, women's, other. Heading 6206, HTSUSA, provides for, among other things, women's blouses and shirts. Subheading 6206.30.3040, HTSUSA, provides for women's or girls blouses, shirts and shirtblouses, of cotton, other, other, women's.

HOLDING:

The trousers at issue are classified under subheading 6204.62.4020, HTSUSA, with a duty rate of 17.7 percent ad valorem, and are subject to textile category 348. The top at issue is classified under subheading 6206.30.3040, HTSUSA, with a duty rate of 16.4 percent ad valorem, and are subject to textile category 341.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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