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August 19, 1999

CLA-2-62:RR:NC:3:353 E85318

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Patti Kniest
Angelica Image Apparel Division
700 Rosedale
St. Louis, MO 63112

RE: The tariff classification of smocks and scrub jackets from Costa Rica and India.

Dear Ms. Kniest:

In your letter dated August 13, 1999 you requested a classification ruling. The sample will be returned to you as requested.

Five samples were submitted with your request. Styles 87005 is a unisex smock made from woven 65% polyester and 35% cotton fabric. The smock is hip length and has a full front zippered closure, short hemmed sleeves, pointed collar, one chest pocket, two patch pockets below the waist, a 1 ¾” horizontal insert at waist level on the back with two pleats above and below the insert, and a hemmed bottom. Style 88008 is a women’s smock made from woven 65% polyester/355 cotton fabric. The smock is hip length with a full front button closure which closes right over left, ¾ length hemmed sleeves, camp style collar, two patch pockets below the waist, and a hemmed bottom. Style 8830 is a women’s scrub jacket made from woven 65% pooyester/35% cotton fabric. The garment is hip length and has a full front right over left snap closure, long raglan sleeves with ribbed cuffs, no collar, one chest pocket with embroidery, two patch packets (one with a scissors holder), below the waist and a hemmed bottom. Style 845 is a women’s scrub jacket made from woven 50% polyester/50% cotton fabric. The garment is hip length with a full front right over snap closure, long raglan sleeves with ribbed cuffs, no collar, two patch pockets below the waist (one with a scissors holder), and a hemmed bottom. Style 849 is a women’s scrub jacket made from woven 50% polyester/50% cotton fabric. The garment is hip length, with a full front right over left snap closure, long sleeves with ribbed cuffs, no collar, two patch pockets below the waist (one a scissors holder), and a hemmed bottom.

Please note, due to the fact that styles 845 and 849 is to be constructed of a 50/50 blend of fibers, it is classified using Section XI Subheading Note 2(A) and Section Note 2(A). The garments will be classified as if they consisted wholly of the one textile material which is covered by heading which occurs last in numerical order among those which equally merit considerations. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The garments 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.

The applicable subheading for Styles 87005, 88008, 8830, 845 and 849 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.

Styles 87005, 88008, 8830, 845 and 849 fall within textile category designation 659. Based upon international textile trade agreements products of Costa Rica are not subject to quota and the requirement of a visa. Products of India are subject to quota and a requirement of visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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