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NY E87462





October 13, 1999

CLA-2-62:RR:NC:3:353 E87462

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060

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

RE: The tariff classification of scrub shirts from Costa Rica.

Dear Ms. Kniest:

In your letter dated September 21, 1999 you requested a classification ruling. The samples will be returned to you as requested.

Four samples were submitted with your request. Style 8800 is a unisex scrub shirt composed of woven 65% polyester/35% cotton fabric. The pullover style shirt is hip length and has no front opening. It has a V-neck, short sleeves and two patch pockets below the waist.

Style 851 is a woman’s scrub shirt composed of woven 50% polyester/50% cotton fabric. The shirt is hip length and has a full front opening with a right over left snap closure. It has short sleeves, no collar and two patch pockets below the waist.

Style 88202 is a woman’s shirt composed of woven 65% polyester/35% cotton fabric. The shirt is hip length and has a full front opening with a right over left button closure. It has short sleeves, camp style collar, and two patch pockets below the waist.

Style 89031 is a woman’s shirt composed of woven 65% polyester/35% cotton fabric. The shirt is hip length and has a full front opening with a right over left button closure. It has short sleeves, camp style collar and two patch pockets below the waist.

In reference to Style 851, due to the fact that the shirt is composed of a 50/50 blend of fibers, it is classified on the basis of Section XI Subheading Note 2(A) and Section Note 2(A). The shirt will be classified as if it consisted wholly of that 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, quota and visa requirements. The shirt 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 8800, 851, 88202 and 89031 will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “ Track, ski-suits and swimwear; other garments: Of man-made fibers, Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206.” The duty rate will be 16.5% ad valorem.

The shirts fall within textile category designation 641. Based upon international textile trade agreements products of Costa Rica are not subject to quota but a visa is required...

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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