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NY C83588

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February 2, 1998

CLA-2-62:RR:NC:3:353 C83588

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6204.63.3510; 6211.43.0091

Ms. Jill Burns
MSAS
10205 N.W. 19th St.
Miami, FL 33172

RE: The tariff classification of chef coats, chef pants and butcher frocks from Honduras and Mexico.

Dear Ms. Burns:

In your letter dated January 21, 1998, on behalf of Penn State Textile Mfg., you requested a tariff classification ruling. Six samples were submitted with your request and will be returned to you. Style #403T-1 is a unisex chef jacket consisting of woven 65% polyester/35% cotton fabric. The garment has a 1/2 sleeve measuring 17" long, and a full front double breast closure that can be buttoned left over right or right over left. The garment is hip length with a pocket located over the left breast area. Style #403-3 is also a unisex chef jacket consisting of a woven 65% polyester/35% cotton fabric. The garment has a 3/4 sleeve measuring 20" long, and a full front closure that can be buttoned left over right or right over left. The chef jacket is hip length with a pocket located over the left breast. Style #536BK is a unisex baggy chef pants consisting of a woven 65% polyester/35% cotton fabric. The garment has an elasticized waistband with a inner drawcord tighting, two side pockets and one rear pocket. Style #536BWPL is a black and white check chefs pants consisting of a woven 65%polyester/35% cotton fabric. The garment has an elasticized waistband with an inner drawcord tighting, two side pockets and one rear pocket. Style #s 412W and 405W are unisex butcher frocks consisting of a woven 65% polyester/35% cotton fabric. The garments extend below the knee, have long sleeves, two pockets located above the waist, and a wrap around tie closure that can be tied from left to right or right to left.

The applicable tariff provision for the chef jackets, style #s 403T-1 and 403-3 will be 6206.40.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Women's or girls blouses, shirts and shirtblouses: Of man-made fibers: Other: Other, Other: Women's." The general rate of duty will be 27.9% ad valorem.

The applicable tariff provision for the chef pants, style #s 536BK and 536BWPL will be 6204.63.3510, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other :Other: Other: Other: Other, Trousers and breeches: Women's." The general rate of duty will be 27.9% ad valorem.

The applicable tariff provision for the butcher frocks, style #s 412TW and 405TW will be 6211.43.0091, Harmonized Tariff schedule of the United States Annotated (HTSUSA), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, Other. The general rate of duty will be 16.6% ad valorem.

Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. The chef jackets described in this ruling fall within textile category designation 641. The chef pants and butcher frocks fall within the textile category 648 and 659 respectively. However merchandise for these textile categories from Honduras are not subject to quota restraints or visa requirements. Products from Mexico that fall within textile category 648 are subject to quota restraints and visa requirements.

Since quota and visa restrictions 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.

You state in your letter that the fabric for the merchandise described above will be woven and cut in the United States and will be assembled and sewn in Honduras and Mexico.

The special classification for merchandise assembled abroad in whole or in part of fabricated components of United States will be 9802.00.80, Harmonized tariff Schedule of the United States (HTS), subject to duty upon the full value of the imported assembled article, with allowances in duty for the cost of the value of the U.S. components incorporated therein. The information substantiating 9802.00.80 must be submitted at the time of entry.

The special classification for textile and apparel goods, woven in the United States and assembled in Mexico of United States formed fabric and cut components will be, 9802.00.90, Harmonized Tariff Schedule of the United States (HTS), which is free of duty and are exempt from quota restraints and visa requirements. The information substantiating 9802.00.90 must be submitted at the time of entry.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 353 at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6204.63.35 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6206.40.30 - Women's or girls' blouses and shirts, not knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6211.43.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers
• Tariff No.: 9802.00.80 - U.S. articles assembled abroad, which have not lost their physical identity or have not advanced in value or improved in condition abroad
• Tariff No.: 9802.00.90 - Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, etc.