United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 NY Rulings > NY K82864 - NY K82908 > NY K82904

Previous Ruling Next Ruling
NY K82904




February 24, 2004
CLA-2-62:RR:NC:3:353 K82904

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056; 6211.43.0060; 6211.42.0081; 6211.43.0091

Ms. Fay Ann Sicari
Strategic Partners, Inc.
13576 Desmond Street
Pacoima, CA 91331

RE: The tariff classification of Medical Uniform tops from Vietnam, Nicaragua and Colombia.

Dear Ms. Sicari:

In your letter dated January 29, 2004, you requested a classification ruling.

You have submitted four samples. Style 3900 a woman’s “Medical Uniform top” is made of a woven 65% polyester and 35% cotton fabric. The garment looks like a two piece shell and cardigan garment, however “ the shell” is joined to the outside at the shoulders and has no back. The “inside” garment features a V-neck and hemmed bottom. The attached “cardigan” features short hemmed sleeves, an elasticized waist with tie closure, two patch pockets below the waist and a hemmed bottom. The garment is worn next to the skin and is used as a uniform in the medical profession. You state the this garment will also be imported as the same style number in a 100% polyester fabrication and as style 3900C in a 100% cotton fabrication.

Style 2702 a woman’s “Medical Uniform top” is made of a woven 65% polyester and 35% cotton fabric. The garment features a key-hole neck, short sleeves, two side slash pockets below the waist, a self-tie back and hemmed bottom. The garment is worn next to the skin and is used as a uniform in the medical profession. You state the this garment will also be imported as the same style number in a 100% polyester fabrication and as style 2702C in a 100% cotton fabrication.

Style 3835C a woman’s “Medical Uniform top” is made of a woven 100% cotton fabric. The garment features a cross over V-neck, short sleeves, front chest pockets, two side slash pockets below the waist, a partially elasticized waist with a self-tie back and hemmed bottom with side vents. The garment is worn next to the skin and is used as a uniform in the medical profession. You state that this garment will also be imported as style 3835 in a 100% polyester fabrication or a 65% polyester and 35% cotton fabrication.

Style 3315C a woman’s “Medical Uniform top” is made of a woven 100% cotton fabric. The garment features a full frontal right over left opening with a five button closure, long sleeves with a one button cuff, front side slash pockets and a hemmed waistband. The garment may be worn over another garment and is used as a uniform in the medical profession. You state that this garment will also be imported as style 3315 in a 100% polyester fabrication or a 65% polyester and 35% cotton fabrication.

The applicable subheading for styles 3900C, 2702C and 3835C will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: other. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for styles 3900 (65% polyester and 35% cotton or 100% polyester), 2702 (65% polyester and 35% cotton or 100% polyester) and 3835 (65% polyester and 35% cotton or 100% polyester) will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 3315C will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton, other. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for style 3315 (65% polyester and 35% cotton or 100% polyester) 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’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

Styles 3900C, 2702C and 3835C fall within textile category designation 341. Styles 3900, 2702 and 3835 fall within textile category designation 641. Style 3315C falls within textile category 359. Style 3315 falls within textile category 659. Based upon international textile trade agreements products of Vietnam under textile categories 341 and 641 are subject to quota and the requirement of a visa. Based upon international textile trade agreements the above mentioned products of Vietnam under textile categories 359 and 659 are not subject to quota or the requirement of a visa. Based upon international textile trade agreements products of Colombia are subject to the requirement of a visa. Based upon international textile trade agreements products of Nicaragua are not subject to quota or 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,

Previous Ruling Next Ruling

See also: