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NY 850078





CLA-2-62:S:N:N3H:353 850078

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6206.30.30409; 6204.62.40204

Ms. Lanette Hodges
W.G. Carroll & Co., Inc.
One Clay Place
P.O. Box 20729
Atlanta, GA 30320

RE: The tariff classification of the scrub shirt and scrub pants from Jamaica.

Dear Ms. Hodges:

In your letter dated February 26, 1990, on behalf of Dowling Textile, you requested a tariff classification ruling.

Two samples were submitted. The articles are a scrub shirt and scrub pants used in the medical industry. The scrub shirt and pants are made of 54% cotton and 46% polyester. The scrub shirt has a "V" neck and short sleeves, with a breast pocket on the outer front left side and a breast pocket on the right inside front of the shirt. The pants have a drawstring closing at the waist.

The applicable subheading for the scrub shirt will be 6206.30.30409, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirtblouses, of cotton: Other, other: Women's. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for the scrub pants will be 6204.62.40204, HTS, 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 (other than swimwear) Other, other. The rate of duty will be 17.7 percent ad valorem.

The scrub shirt and scrub pants fall within textile category designation 341 and 348 respectively. Based upon international textile trade agreements, products of Jamaica are subject to quota restraints and visa requirements. Your letter states that the submitted samples are to be assembled from U.S. components in Jamaica. If your garments meet the require- ments set forth under the provisions of Sections 10.11 - 10.24 of the Customs Regulations, it would be eligible for partial duty relief under subheading 9802.00.80 HTS. Subheading 9802.00.80, HTS, applies to articles assembled abroad in whole or in part of fabricated compo- nents, that are products of the U.S., with no operations performed thereon except the assembly of the components to form the imported merchandise and operations incidental thereto. An article classified under subheading 9802.00.80, HTS, is subject to duty upon the full appraised value of the imported articles, less the cost or value of the U.S. components.

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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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