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NY K80157





October 28, 2003

CLA-2-62:RR:NC:3:353 K80157

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Sarah Culotta
Phoenix Int’l. Freight Services Ltd.
712 N. central
Wood Dale, IL 60191

RE: The tariff classification of a salon gown from Malaysia.

Dear Ms. Culotta:

In your letter dated October 17, 2003, on behalf of Fromm Int’l., you requested a classification ruling.

The submitted sample, style 6158 is a salon gown made of woven 100% nylon fabric. The salon gown is designed to be worn over clothing before and during beauty procedures to protect clothing. The garment has short sleeves, a full front opening and a tie at the waist.

The salon gown is not used for dressing, resting or over a night gown, therefore it cannot be classified in 6208. However the garment is used to protect the clients clothing and therefore classified in 6211.

The applicable subheading for the salon gown, style 6158 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 or girl’s: of man-made fibers: other. The rate of duty will be 16.1 percent ad valorem.

Style 6158 falls within textile category designation 659. Based upon international textile trade agreements products of Malaysia 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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