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NY D80903




August 13, 1998

CLA-2-62:RR:NC:3:353 D80903

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6204.63.3510

Ms. Patti Kniest
W.N. Epstein & Co., Inc.
4433 Woodson Rd.
St. Louis, MO 63134

RE: The tariff classification of a scrub shirt and pants from Hong Kong or China.

Dear Ms. Kniest:

In your letter dated July 31,1998, on behalf of Barry Horn D/B/A A & E Group, you requested a classification ruling.

The submitted sample, style 81098 is a unisex scrub shirt and pants consisting of woven 65% polyester/35% cotton. The shirt has short sleeves, a V neck and a left breast pocket. The pants have a drawstring waistband, an outside pocket at the back on the right side and a inside pocket at the back on the left side.

As per Note 13 of Section XI, textile garments of different headings are to be classified in their own headings even if put up for retail sale. This Note precludes the scrub shirt and pants from being classified as a set.

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 6211 does not apply if the garments are covered more specifically in preceding headings than the Heading 6211 phase "other garments." The garments are more specifically covered in Headings 6204 and 6206, therefore Heading 6211 does not apply.

The applicable subheading for the unisex scrub shirt will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Women's or girls' blouses, shirts and shirtblouses; Of man-made fibers: Other: Other, Other: Women's." The duty rate will be 27.9% ad valorem.

The applicable subheading for the unisex scrub pants will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), 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, Trousers and breeches: Women's." The duty rate will be 29.7% ad valorem.

The scrub shirt falls within textile category designation 641 and the scrub pants within 648. Based upon international textile trade agreements products of Hong Kong and 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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