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NY B86753




July 24, 1997

CLA-2-62:RR:NC:3:353 B86753

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6204.63.3510; 6206.30.3040;6204.62.4020

Mr. Azad Alibhai
Industrial Textiles Limited
185 Limestone Crescent
North York, Ontario
M3J2R1

RE: The tariff classification of an operating room scrub shirt and pants from Ski Lanka.

Dear Mr. Alibhai:

In your letter dated June 18, 1997, on behalf of Industrial Textiles Ltd., you requested a classification ruling.

The submitted samples are a scrub shirt and pants consisting of woven 65% polyester and 35% cotton fabric. You also enclosed a swatch of woven 55% cotton and 45% polyester fabric. The shirt has a V neck, short sleeves, a outer left breast pocket and a inner right breast pocket. The pants are secured by a drawstring at the waist and have a outer patch pocket at the back and a inner pocket at the back.

The Explanatory Notes for Heading 6211 state that "The provisions...of the Explanatory Note to Heading 6114 concerning other garments apply, mutatis mutandis, to the articles of this heading." Referring back to the Explanatory Notes to Heading 6114, we find the statement "This heading covers knitted or crocheted garments which are not included more specifically in the preceding headings of this Chapter." Applying this language to Heading 6211 means that Heading 6211 does not apply if the garments are covered more specifically in preceding headings than the Heading 6211 phrase "other garments." The garments are more specifically covered in Headings 6204 and 6206, therefore neither Heading 6211 nor GRI 3(c) would apply here. If the pants are in chief weight of cotton, they are classified under the provision for women's or girls' suits, ensembles, suit-type jackets and blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts, of cotton: other: other, in subheading 6204.62.4050, HTSUSA, dutiable at the general rate of 17.4 percent ad valorem. Textile category 348 applies to merchandise classified in this subheading.

If the tops are in chief weight of cotton, they are classified under the provision for women's or girls' blouses, shirts and shirt-blouses: of cotton: other: other: other: women's, in subheading 6206.30.3040, HTSUSA, dutiable at the general rate of 16.1 percent ad valorem. Textile category 341 applies to merchandise classified in this subheading.

If the pants are in chief weight of synthetic fibers, they are classified under the provision 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): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: trousers and breeches: women's, in subheading 6204.63.3530, HTSUSA, dutiable at the general rate of 29.9 percent ad valorem. Textile category 648 applies to merchandise classified in this subheading.

If the tops are in chief weight of synthetic fibers, they are classified under the provision for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women's, in subheading 6206.40.3030, HTSUSA, dutiable at the general rate of 28.1 percent ad valorem. Textile category 641 applies to merchandise classified in this subheading.

Based upon international textile trade agreements, products of Sri Lanka are subject to quota restraints and visa requirements. For the scrub pants 6204.63.3530 there is not quota but a visa is required.

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,

Paul K. Schwartz


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