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July 8, 1999

CLA-2-62:RR:NC:3:353 E83493

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3510; 6206.40.3030; 6211.43.0091 Ms. Sharda Fatehpuria
Tiger Hill Inc.
6000 Miller Court East
Norcross, GA 30071

RE: The tariff classification of scrub pants, and shirt, and lab coat and patient gown from India or Nepal.

Dear Ms. Fatehpuria:

In your letter dated June 11, 1999 you requested a classification ruling.

The submitted samples are scrub pants and shirt, lab coat and patient gown consisting of 50% cotton/ 50% polyester fabric. The scrub pants have a drawstring waist and two inside pockets and one outside pocket. The scrub shirt has short sleeves, a inside and outside breast pocket and a V neckline. The knee length lab coat has long sleeves, a belt with a button at the back, two pockets below the waist and a breast pocket. It also features a full front button closure that buttons right over left. The knee length patient gown has a full length back opening with a self fabric tie at the back of the neck.

Due to the fact that the garments are of 50/50 blend of fibers, they are classified on the basis of Section XI Section Note 2(A) “When no textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile which is covered by the heading which occurs last in numerical order among those which equally merit consideration.” Please note, even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The scrub pants and shirt, lab coat and patient gown may be subject to U.S. Customs Laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by customs at that time.

You also request classification when the fabric content for the above garments is 65% polyester fabric and 35% cotton fabric. The garments will be classified as noted below because the polyester fabric predominates by weight.

The applicable subheading for the 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: Other: Other, Trousers and breeches: Women’s.” The duty rate will be 29.5% ad valorem.

The applicable subheading for the scrub tops will be 6206.40.3030 Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ blouses, shirts and shirt blouses: Of man-made fibers: Other: Other, Other: Women’s.” The duty rate will be 27.8% ad valorem.

The applicable subheading for the lab coat and patient gown will be 6211.43.0091 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 man-made fibers, Other.” The duty rate will be 16.5% ad valorem.

The scrub pants fall within textile category designation 648 and the scrub top in textile category designation 641. The lab coat and patient gown fall within textile category designation 659. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. For products from Nepal the scrub shirt is subject to quota and a requirement of visa. The scrub pants, lab coat and patient gown from Nepal they are not subject to quota but a visa is required.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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