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HQ 966546




August 26, 2003

CLA-2 RR:CR:TE 966546 KSH

TARIFF NO.: 6211.42.0056; 6211.43.0060

Mr. Rex Tsu
Gown Industries, Inc.
20212 Rodrigues Avenue
Cupertino, CA 95014

RE: Modification of New York Ruling Letter (NY) D80623, dated August 2, 1998; Classification of scrub shirts; Heading 6211; Not Heading 6206

Dear Mr. Tsu:

New York Ruling Letter (NY) D80623 was issued to you on August 2, 1998, concerning the classification, under the Harmonized Tariff Schedule of the United States (HTSUSA), of unisex scrub shirts and pants

Item number 78735 which was described as a scrub shirt with one breast pocket and Item number 78834 which were described as scrub pants were properly classified and are not the subject of this ruling.. Item number 7973 was classified in subheading 6206.30.3040, which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other, Other: Women’s;” and item numbers 7331 and 7356 were classified in subheading 6206.40.3030, HTSUSA, which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other, Other: Women’s.” We have reviewed this ruling and have determined that the classification of those three garments is incorrect. Therefore, this ruling modifies NY D80623.

Pursuant to section 625(c), Tariff Act of 1930, as amended by section 623 of Title VI (Customs Modernization) of the North America Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) notice of the proposed modification of NY D80623 was published on July 16, 2003, Vol. 37, No. 29, of the Customs Bulletin. No comments were received in response to the notice.

FACTS:

In NY D80623, the garments at issue are described as unisex scrub shirts (item numbers 7331, 7356 and 7973). Item number 7331 is a scrub shirt consisting of woven 65% polyester/ 35% cotton fabric with a key neck, side vents and two pockets at the bottom. Item number 7356 is a scrub shirt consisting of woven 65% polyester/ 35% cotton fabric with a button front, slanted lower pockets and a scissors holder in the right pocket. Item number 7973 is a cris-cross reversible scrub shirt consisting of woven 55% cotton/ 45% polyester fabric with one breast and lower pocket on each side and a scissors holder in the lower pocket.

ISSUE:

Whether the scrub shirts at issue are classifiable under Heading 6211, HTSUSA, or Heading 6206, HTSUSA.

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (EN), constitute the official interpretation at the international level. While neither legally binding nor dispositive, the EN provide a commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings.

Heading 6206, HTSUSA, provides for women’s or girls’ blouses, shirts and
shirt blouses. The EN to heading 6206, HTSUSA, state in pertinent part:

This heading covers the group of women’s or girls’ clothing, not knitted or crocheted, which comprises blouses, shirts and shirt-blouses.

This heading does not cover garments with pockets below the waist or with a ribbed waistband or other means of tightening at the bottom of the garment.

The garments at issue are shirts. However, each garment has two patch pockets below the waist that preclude classification in heading 6206, HTSUSA. Consequently, the garments are properly classified in heading 6211, HTSUSA, as shirts excluded from heading 6206.

Customs has consistently classified similar merchandise in this manner. See e.g., NY I85818, dated September 20, 2002; NY G82878, dated November 15, 2000; NY G83396, dated November 7, 2000; and NY G83397, dated November 13, 2000. HOLDING:

NY D80623, dated August 2, 1998, is hereby modified. The scrub shirt identified by item number 7973 is properly classified in subheading 6211.42.0056, HTSUSA, which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of cotton, Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: Other.” Item numbers 7331 and 7356 are classified in subheading 6211.43.0060, HTSUSA, which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers, Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206.” The general column one duty rates are 8.2 percent and 16.1 percent, ad valorem, respectively. The textile category designations are 341 and 641, respectively.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bi-lateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available we suggest you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, available on the CBP website at www. cbp.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact the local CBP office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.

Myles B. Harmon, Director
Commercial Rulings Division

1300 Pennsylvania Avenue, N.W., Washington, D.C. 20229


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