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NY C88352




June 5, 1998

CLA-2-62:RR:NC:3:353 C88352

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 6211.43.0091

Ms. Barbara Altsheler
Eco Med Inc.
220 W. Champion St., Suite 260
Bellingham, WA 98225

RE: The tariff classification of the Dignity Gown (hospital gown) from China and/or Mexico.

Dear Ms. Altsheler:

In your letter dated May 21, 1998 you requested a classification ruling.

The submitted photographs and descriptive literature is that of a unisex hospital gown named the "Dignity Gown". The garment will be imported in two different fabrics. One will consist of woven 100% cotton fabric and the other will consist of woven 60% polyester/40% cotton fabric. The "Dignity Gown" is a one piece wrapping garment with sections that snap together. This design allows for access to one portion of the body without uncovering the remainder of the body and legs.

The applicable subheading for the 100% cotton gown will be 6211.42.0081, 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 cotton: Other." The duty rate will be 8.4% ad valorem.

The applicable subheading for the woven 60% polyester/40% cotton gown will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits...: Other garments: Of man-made fibers, Other." The duty rate will be 16.6 percent ad valorem.

The hospital gown falls within textile category designation 359 and 659 respectively. Based upon international textile trade agreements products of China 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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