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NY I87505




November 8, 2002

CLA-2-62:RR:NC:3:353 I87505

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6307.90.9889

Ms. Barbara Harwell
Industrial Apparel Warehouse/V-Tex, Inc.
3196 Doolittle Drive
Northbrook, IL 60062

RE: The tariff classification of aprons from Haiti, Dominican Republic and Guatemala.

Dear Ms. Harwell:

In your letter dated October 17, 2002, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted five samples. The “Bistro Apron” is a 65% polyester and 35% woven apron. The apron reaches from the waist to below the knees and is used in the food service industry. The garment features fabric ties, a pocket and a hemmed bottom. The item will also be made in 100% polyester fabric.

The “Bib Apron” is a 100% polyester woven bib apron. The garment reaches below the knees and features a neck strap, fabric ties and a hemmed bottom. The apron is used in the food service industry. The item will also be made in 65% polyester and 35% cotton fabric.

The “Adjustable Bib Apron” is a 65% polyester and 35% cotton woven bib apron. The garment reaches to below the thigh and features an adjustable neck strap, self-fabric ties and a deep bottom pocket the width of the apron and measuring approximately 8 inches high, this pocket is divided into three sections. The apron is used in the food service industry. The item will also be made in 100% polyester fabric.

The “Cobbler Apron” is a 65% polyester and 35% cotton woven apron. The over the head garment reaches to the upper thigh, and features a round neckline, self-fabric ties on each side and a self-capped bottom, sides and neckline and a deep bottom pocket the width of the apron and measuring approximately 10 inches high, this pocket is divided into two sections. The apron is used in the food service industry.

The “Change Apron” is a 65% polyester and 35% cotton woven rectangular-shaped half apron which measures approximately 23 inches in width by 11 inches in length. It features self-fabric ties and reaches from the waist to barely the top of the thighs. It has one large pocket approximately 7 inches high divided into three sections. The “Change Apron” is only 11 inches in length and does not supply enough coverage to be considered a wearing apparel apron.

The applicable subheading for the “Bistro, Bib, Adjustable Bib and Cobbler 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 percent ad valorem.

The applicable subheading for the “Change Apron” will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other: other: other: other. The duty rate will be 7 percent ad valorem.

The “Bistro, Bib, Adjustable Bib and Cobbler Aprons” fall within textile category designation 659. Based upon international textile trade agreements products of Haiti and Dominican Republic are subject to the requirement of a visa. Products of Guatemala are not subject to quota or the requirement of visa.

The “Change Apron” is not subject to quota or 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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