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NY B89685




October 9, 1997

CLA-2-62:RR:NC:3:353 B89685

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.22.3040; 6204.22.3065; 6204.62.4020; 6206.30.3040

Mr. Larry Green
Sabtex (N.Y.) Ltd.
120 Van Nostrand Ave.
P.O. Box 1255
Englewood Cliffs, N.J. 07632

RE: The tariff classification of scrub tops and pants from Pakistan.

Dear Mr. Green:

In your letter dated September 16, 1997, you requested a classification ruling.

The submitted samples are a operating room top and bottom. You state that the garments consist of woven fabric which is in chief weight cotton. The short sleeve top features a "V" neck and left breast pocket and the pants have a drawstring closure. Both items are reversible.

The term ensemble means a set of garments composed of several pieces made up of identical fabric, put up for retail sale. Although the top and pants ar not classifiable as a set under HTSUSA, they are classifiable as an ensemble. Note 3(b) to Chapter 62, Section XI, states in pertinent part: All of the components of an ensemble must be of the same fabric construction, style color and composition; they also must be of corresponding or compatible size. The term "ensemble" does not apply to track suits or ski-suits of heading 6211.

Subheadings 6204.22.3040 and 6204.22.3065 state that the rate applicable to each garment is the rate that would apply if each garment were entered separately. Therefore, if the top and pants were entered separately, the top would be classifiable in subheading 6206.30.3040 and the pants 6204.62.4020.

The applicable subheading for the top will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provide for Women's or girls' blouses, shirts and shirt-blouses: Of cotton: Other: Other: Women's. The duty rate will be 16.1 % ad valorem.

The applicable subheading for the pants will be 6204.62.4020,Harmonized Tariff Schedule of the United States (HTS), which provide 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 cotton: Other: Other: Other, Other. The rate of duty will be 17.4 ad valorem.

The pants fall within textile category designation 348 and the top within textile category 341. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

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,

Robert B. Swierupski
Director,

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