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NY B80075





December 23, 1996

CLA-2-62:RR:NC:3:353 B80075

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 6211.33.0061, 6205.30.2070

Mr. Bruce Schiller
MSAS
8725 18th Terrace, Suite 301
Miami, FL 33172

RE: The tariff classification of an apron, hospital gown, lab coat and shirt from Honduras.

Dear Mr. Schiller:

In your letter dated November 27, 1996, on behalf of Penn State Textile Mfg., you requested a tariff classification ruling. The submitted samples will be returned per your request.

Five samples were submitted with your request, Style No. 1430 is a bib apron consisting of woven 65% polyester/ 35% cotton fabric with string closure that ties at the back. Style No. 975A is a bib apron consisting of woven 100% polyester fabric and has string closure that ties at the back. Style No. 503 is a wrap gown consisting of woven 80% polyester/20% cotton fabric. The garment is knee length, has 3/4 sleeves and a full front opening with a tie closure. There is a left breast pocket and a pocket on each side below the waist. Style No. 507 is a lab coat consisting of woven 65% polyester\35% cotton fabric. The lab coat is designed to extend below the knee, with long sleeves, and a collar. It also features a full front button closure that buttons left over right, left breast pocket, and a patch pocket on each side below the waist. Style No. 505 is a shirt consisting of woven 65% polyester\35% cotton fabric. The garment has short sleeves, a collar and a full front snap closure that snaps left over right. You state that the shirt will be worn over a T- shirt or next to the skin.

Note 8 of Chapter 62 states: 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.

Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in headings covering women's or girls' garments.

The applicable subheading for Style Nos. 1430, 975A and 503, will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, other. The duty rate for 1997 will be 16.7% ad valorem.

The applicable subheading for Style No. 507 will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Other. The duty rate for 1997 will be 16.7% ad valorem.

The applicable subheading for Style No. 505 will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts: Of man-made fibers: Other: Other: Men's. The duty rate for 1997 will be 30.4 cents/kg + 27.0% ad valorem.

Style Nos.1430, 975A, 503 and 507 fall within the textile category designation 659. Style No.505 falls within the textile category designation 640. Based upon international textile trade agreements products of Honduras are not subject to quota restraints and visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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