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NY K81360




December 5, 2003
CLA-2-62:RR:NC:3:353 K81360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081, 6211.43.0091, 6211.49.9090

Ms. Connie Wang
Unique Performance Inc.
375 Sylvan Ave.
Englewood Cliffs, NJ 07632

RE: The tariff classification of aprons from China.

Dear Ms. Wang:

In your letter dated November 18, 2003 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample is a bib style apron made of woven 100% cotton fabric. The garment covers the torso, features a neck strap with a metal buckle , two fabric waist ties and a double pocket at the front.

You also request classification for the identical garment made of three other fabric contents.

1- 60% rayon/40% cotton
2- 60% polyester/40% cotton
3- 60% ramie/40% cotton

The applicable subheading for the 100% cotton apron 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 for 2003 and 8.1 percent for 2004. The textile category designation is 359.

The applicable subheading for the 60% rayon/40% cotton and the 60% polyester/40% cotton apron will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits and swimwear; other garments: Of man-made fibers, Other.” The duty rate will be 16.1 percent ad valorem for 2003 and 16 percent for 2004. The textile category is 659.

The applicable subheading for the 60% ramie/40%cotton apron 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 materials: Other.” The duty rate will be 7.4 percent ad valorem for 2003 and 7.3 percent for 2004. The textile category designation is 859.

Based upon international textile trade agreements products of China for textile categories 359 and 659 are subject to quota and the requirement of a visa, and textile category 859 is not subject to quota and 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 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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