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NY K83421





March 15, 2004
CLA-2-62:RR:NC:3:353 K83421

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030, 6204.63.3510

Mr. Kevin Maher
Cair Customhouse Brokers
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of a unisex scrub shirt and pants from Macau.

Dear Mr. Maher:

In your letter dated February 20, 2004, on behalf of IDT Worldwide Inc., you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample, style 3109-3559 is a unisex scrub shirt and pants made of woven 67% polyester/30% cotton/3% spandex fabric. The scrub shirt has short sleeves, V neckline and a left breast pocket. The scrub pants have a drawstring waistband and a back pocket and two side pockets.

Style 3109-3559 consist(s) of two or more garments. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, even if put up in sets for retail sale.

The applicable subheading for the unisex scrub shirt style 3109-3559 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which Women's or girls' blouses, shirts and shirtblouses: Of man-made fibers: Other: Other, Other: Women's. The duty rate will be 26.9%% ad valorem. The textile category designation is 641.

The applicable subheading for the unisex scrub pants style 3109-3559 will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses skirts, divided skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other, Trousers and breeches: Women's.” The duty rate will be 28.6% ad valorem. The textile category is 648.

Based upon international textile trade agreements products of Macau 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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