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NY J83242




April 23, 2003

CLA-2-62:RR:NC:3:353 J83242

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.9090

Mr. Michael Svoboda
Genie B’s Specialties Inc.
1006 E. Maple St.
Sutton, NE 68979

RE: The tariff classification of an apron from China.

Dear Mr. Svoboda:

In your undated letter you requested a classification ruling.

The submitted sample, 22OZ is a bib style apron made of woven 50% polyester/50% cotton fabric coated with polyethylene plastic material on the outer surface. The polyethylene plastic material does not obscure the underlying fabric. The garment covers the torso and has a textile neck strap and textile ties at the waist.

Due to the fact that the apron 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 apron 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 apron may be subject to U.S. Customs 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 the apron, style 22OZ will be 6210.50.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women's or girls' garments: Other: Other...Other: Other.” The duty rate will be 6.2% ad valorem.

Style 22OZ falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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