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NY H89043

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March 26, 2002

CLA-2-62:RR:NC:3:353 H89043

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 6211.42.0081, 6109.10.0060, 6211.43.0060, 6206.40.3030

Ms. Rachel Worley
Tower Group Int’l., Inc.
One Clay Place
P.O. Box 20729
Atlanta, GA 30320-0729

RE: The tariff classification of nurse’s uniform top, patient gown, uniform tank top and scrub shirts from Jamaica and/or Mexico.

Dear Ms. Worley:

In your letter dated February 19, 2002 on behalf of Encompass Group, you requested a classification ruling.

Five samples were submitted with your request. Style 1750-2013 nurse’s uniform top is composed of woven 65% polyester/35% cotton fabric. The sleeveless nurse’s uniform top has a full front snap closure that closes right over left, oversized arm holes and pockets below the waist.

Style 45266-BPN patient gown is composed of woven 55% cotton/45% polyester fabric. The patient gown extends to below the knee with a full back opening and a fabric tie at the back of the neck and waist.

Style 1719-046 woman’s uniform tank top is composed of knit 60% cotton/40% polyester fabric. The sleeveless garment has a square neckline.

Style 1706-269 unisex scrub shirt is composed of woven 65% polyester/35% cotton fabric. The garment has short sleeves, V neckline, pockets below the waist and a slit on each side.

Style 46813-119 unisex scrub shirt is composed of woven50% polyester/50% cotton fabric. The garment has cap sleeves, V neckline and a left breast pocket.

Due to the fact that the Style 468-119 is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The scrub shirt will be classified as if it consisted wholly of that one textile material which is covered by the heading, which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The scrub shirt, Style 468-119 may be subject to U.S. Custom’s laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for Style 1750-2013 uniform nurse’s top will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suitsother garments: Other garments, women’s or girls’: Of man-made fibers, Other.” The duty rate will be 16.2% ad valorem. The textile category designation is 659.

The applicable subheading for Style 452-66 BPN patient gown will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suitsother garments: Other garments, women’s or girls’: Of cotton, Other.” The duty rate will be 8.2% ad valorem. The textile category designation is 359.

The applicable subheading for Style 1719-046 uniform tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “T-shirtstank topsknitted or crocheted: Women’s or girls’: Other: Tank tops: Women’s. The duty rate will be 17.4% ad valorem. The textile category designation is 339.

The applicable subheading for Style 1706-269 scrub shirt will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suitsother garments: Other garments, women’s or girls’: Of man-made fibers, Blousesexcluded from heading 6206.” The duty rate will be 16.2% ad valorem. The textile designation is 641.

The applicable subheading for Style 46813-119 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 shirt-blouses: Of man-made fibers: Other: Other, Other: Women’s. The duty rate will be 27.2% ad valorem. The textile category designation is 641.

Based upon international textile trade agreements products of Jamaica for textile category 339 and 641 are subject to quota and the requirement of a visa. Textile category 359 and 659 are not subject to quota but are subject to a requirement of visa.

Products of Mexico are not subject to quota and the 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6109.10.00 - T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton
• Tariff No.: 6206.40.30 - Women's or girls' blouses and shirts, not knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6211.42.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of cotton
• Tariff No.: 6211.43.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers