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NY K81705




February 4, 2004
CLA-2-62:RR:NC:WA:355 K81705

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4010; 6205.30.2050

Mr. Bruce D. Roberts
Eagle Global Logistics
1801 NW 82nd Avenue
Miami, FL 33126-1013

RE: The tariff classification of men’s shirts and pants from the Dominican Republic

Dear Mr. Roberts:

In your letter dated January 8, 2004, you requested a classification ruling on behalf of Garment Corporation of America.

You submitted two garments which will be returned as you requested in a telephone conversation. Enclosed with the garments was a plastic disc. In subsequent telephone conversations and fax messages, the following information was gleaned.

Garment Corporation of America has discs made in Switzerland. These discs or security chips, identified as part CH7878, are inserted into garments as a means of security or tracking and remain with the garment from the time the garments are produced until they are imported into the United States. The garments are intended to be rented and re-used. The chips are intended to remain with the garments at all times, never to be removed from the garment. They are permanently sewn into the label of each garment. According to a telephone conversation, you stated that the chips, produced in Switzerland, are supplied to the garment manufacturer by the importer of the garments. You specifically ask what the classification of the garment and chip will be when imported as a unit into the United States.

The sample garments bear sewn in labels identifying the country of origin as the Dominican Republic. The label on the pants states that the pants are made of 65% polyester and 35% cotton woven fabric. The pants feature a front zippered fly with a left over right button closure at the waistband; side pockets; two back welt pockets; a partially elasticized waistband; and seven belt loops. The label on the shirt states that the shirt is also made of 65% polyester and 35% cotton woven fabric. The shirt, made of a yarn dyed checked fabric, features a pointed collar, a left over right full front opening with six buttons and a snap closure at the neck; two patch pockets on the chest; short hemmed sleeves; and a curved hemmed bottom. No style numbers were provided for the garments.

The applicable subheading for the pants will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, trousers and breeches, men’s. The duty rate will be 27.9% ad valorem.

The applicable subheading for the shirt will be 6205.30.2050, HTS, which provides for men’s or boys’ shirts, of man-made fibers, other, other, other, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 29.1¢/kg. plus 25.9% ad valorem.

The pants fall within textile category designation 647. The shirt falls within textile category designation 640. Based upon international textile trade agreements products of the Dominican Republic 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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