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NY H89663




April 8, 2002

CLA-2-62:RR:NC:3:353 H89663

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 6113.00.1012

Ms. Cathy La Plant
Solutions, Sales & Marketing, LLC
DBA Beauty Elements
530 Secaucus Road
Secaucus, NJ 07094

RE: The tariff classification of aprons from Vietnam.

Dear Ms. La Plant:

In your letter dated March 21, 2002 you requested a tariff classification ruling. The samples will be returned to you.

The submitted samples are Style # ‘s A1000, A1003, A1017, A1018 and A1019 One Size Fits All Unisex Aprons. Style # A1000 bib apron covers the torso and is constructed of woven nylon fabric, features self-fabric ties at the neck and waist, and 5 front pockets. Style # A1003 bib apron covers the torso and is constructed of woven polyester fabric that is coated on the inside with polyurethane that is not visible to the naked eye. It features self-fabric ties at the neck and waist, and 5 front pockets. Style # A1017 bib apron covers the torso and is constructed of woven polyester fabric, features self-fabric ties at the neck and waist, and 5 front pockets. Style # A1018 bib apron covers the torso and is constructed of woven nylon stripe fabric, features self-fabric ties at the neck and waist, and 5 front pockets. Style # A1019 bib apron covers the torso and is constructed of knit textile fabric that is coated with polyurethane plastic material that completely obscures the underlying fabric. It features self-fabric ties at the neck and waist, and 5 front pockets.

The applicable subheading for the Style # ‘s A1000, A1003, A1017 and A1018 Aprons 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 16.2% ad valorem. The textile category designation is 659.

The applicable subheading for the A1019 Apron will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.” The duty rate will be 4.6% ad valorem.

At the present time there are no quota restrictions or visa requirements for merchandise from Vietnam.

You requested a binding ruling on 31 samples; 26 samples are returned without a ruling. Please limit your ruling request to a maximum of 5 items of the same class or kind. That is, group similar merchandise in the same ruling request, such as capes, shirts, vests, aprons, robes, etc. For textiles, include the construction (knit, woven, etc.) and fiber contents (100% rayon, 65% polyester/35% cotton, etc.). For coated fabrics, name the coating (polyurethane, polyvinyl chloride, etc.) and the fabric being coated. In addition, please include a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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