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NY J84539




May 27, 2003

CLA-2-62:RR:NC:3:353 J84539

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0081; 6211.30.9090; 6211.42.0081; 6211.49.9090

Mr. William J. Marston
Masterpiece International, Ltd.
2300 Higgins Road
Suite 301
Elk Grove Village, IL 60007-2618

RE: The tariff classification of smocks from China.

Dear Mr. Marston:

In your letter dated May 1, 2003, on behalf of Aestetica Inccorporated, you requested a classification ruling.

You have submitted two samples. Style 201A is a man’s smock made of a 100% cotton woven fabric. The garment features a full frontal opening with a five snap left over right closure, a stand-up collar, short sleeves with hemmed cuffs, two patch pockets below the waist and a hemmed bottom with approximately 15 inch long side vents. The smock will be used by hair care professionals to protect their clothes. The smock measures approximately 32 inches from the top of the shoulder to the bottom of the smock. Style 201B will be the exact same garment, except it will be made from a 55% linen and 45% cotton woven fabric.

Style 204A is a woman’s smock made of a 100% cotton woven fabric. The garment features a full frontal opening with a seven button right over left closure, a stand-up collar, short sleeves with hemmed cuffs, two small patch pockets below the waist and a hemmed bottom with approximately 13 inch long side vents. The smock will be used by hair care professionals to protect their clothes. The smock measures approximately 29 inches from the top of the shoulder to the bottom of the smock. Style 204B will be the exact same garment, except it will be made from a 55% linen and 45% cotton woven fabric.

The applicable subheading for style 201A will be 6211.32.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments; men’s or boys’: of cotton, other. The duty rate will be 8.2 percent ad valorem.

The applicable subheading for style 201B will be 6211.39.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments; men’s or boys’: of other textile material: other, other. The duty rate will be 2.8 percent ad valorem.

The applicable subheading for style 204A will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments; women’s or girls’: of cotton, other. The duty rate will be 8.2 percent ad valorem.

The applicable subheading for style 204B will be 6211.49.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments; women’s or girls’: of other textile material: other, other. The duty rate will be 7.4 percent ad valorem.

Based upon international textile trade agreements styles 201B and 204B are not subject to quota or the requirement of a visa from China.

Styles 201A and 204A fall 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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