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NY C89386


July 10, 1998

CLA-2-62:RR:NC:3:353 C89386

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.1010; 6211.42.0056; 6204.62.4020; 6205.20.2065; 6204.62.4020

Ms. Mary E. Keller

A.W. Fenton Co., Inc.

P.O. Box 75029

Cincinnati, Ohio 45275-0029

RE: The tariff classification of a gown, upper body garment, shirt and pants for the handicapped, from China.

Dear Ms. Keller:

In your letter dated June 19, 1998, on behalf of Gillman Knitwear Co., you requested a classification ruling.

The samples will be returned as requested.

Five styles of garments were submitted with your request. The garments are specially designed for physically challenged individuals. Each of the garments have extra zipper openings which would allow for ease of changing clothes. Style #A001 is a woven 100% cotton knee length gown, with overlapping front self ties. Both sleeves have zippers down the top of the sleeve to the cuff. Style #A003 is a woven 70% cotton/30% polyester collarless women's V-Neck upper body garment, has a full front opening that buttons right over left, and has long sleeves that also have zippers. Style #A006(a) is a unisex, woven 70% cotton/30% polyester pair of pants, which have an elasticized waistband and two zippered openings that open from waist to cuff. Style #004 is a woven 100% cotton, long sleeve shirt with a collar. The shirt has a full front opening that buttons left over right, and long sleeves with a zipper from the bottom of each sleeve which turns at the shoulder and continues down both front sides. Style #A006(b) is a unisex pair of pants consisting of 100% woven cotton fabric. The pants have an elasticized waist with a drawstring and two zippers down the front of each leg.

Note 8 to Chapter 62 annotates, "Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes."

The applicable subheading for the gown, style #A001 will be 6208.91.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for "Women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes dressings gowns and similar articles: Other: Of cotton: Bathrobes, dressing gowns and similar articles, Women's." The duty rate will be 8.1% ad valorem.

The applicable subheading for the upper body garment, style #A003 will be 6211.42.0056, 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, Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: Other." The duty rate will be 8.4% ad valorem.

The applicable subheading for the pants, style A006(a) and style #A006(b) will be 6204.62.4020, Harmonized tariff Schedule of the United States, (HTS), "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, Trousers and breeches: Womens: Other." The duty rate will be 17.3% ad valorem.

The applicable subheading for the shirt, style #A004 will be

6205.20.2065, Harmonized Tariff Schedule of the United states, (HTS), which provides for "Men's or boys' shirts: Of cotton: Other, Other: Other: Other: Men's." The duty rate will be 20.5% ad valorem.

Please note, Style #s A001, A003, A006(a), A004 and A006(b)
are eligible for free entry under subheading 9817.00.90, HTS, which provides for "Articles specifically designed or adapted for the use or benefit for the blind or other physically or mentally handicapped persons: Other." All applicable entry requirements must be met including the filing of U.S. Department of Commerce Form ITA-363P.

Style #A001 falls within textile category designation 350 and style #A003 falls within textile category 341. Style #A004 falls within textile category 340. Style #sA006(a) and A006(b) fall within textile category 348 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,


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