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NY K85214




May 3, 2004
CLA-2-62:RR:NC:3:353 K85214

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.20.2065, 6206.30.3040

Ms. Monika Munro
Profreight Brokers, Inc.
145-47 155 St.
Jamaica, NY 11434

RE: The tariff classification of chef’s jackets from Hong Kong.

Dear Ms. Munro:

In your letter dated April 15, 2004, on behalf of Bragard, Inc., you requested a classification ruling. The samples will be returned to you as requested.

The submitted samples are chef’s jackets made of woven fabric. You state in your letter that the garments will be made of woven100% cotton fabric.

Style Nicole, #8491 9352 is a unisex chef’s jacket. The garment has a tapered waist, long cuff sleeves mandarin collar, darts and a button closure that closes right over left or left over right.

Style Chicago, #2647 2566 is a man’s chef’s jacket that has elbow length sleeves with button tabs, a left breast pocket, and a snap left over right closure.

Style Markus, #0421-1637 is a man’s chef’s jacket with long sleeves, double pen pocket on left sleeve and four concealed buttons and two snap closure that closes left over right.

Style Navalie, #5028 3734 is a unsex chef’s jacket with long sleeves, sleeve pen pocket, mandarin collar and a full front button closure that closes left over right or right over left.

Style Gerard, #2370 8828 is a man’s short sleeve chef’s jacket with a mandarin collar, left breast pocket and a snap left over right closure.

Chapter 62, Note 8. Garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

The applicable subheading for styles Chicago, Markus, and Gerard will be 6205.20.2065 Harmonized Tariff Schedule of the United States (HTS), which provides for "Men's or boys' shirts: Of cotton: Other, Other: Other: Other: Men’s." The rate of duty will be 19.7 percent ad valorem. The textile category designation is 340.

The applicable subheading for Navalie and Nicole will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s shirts: Of cotton: Other...Other: Women’s.” The duty rate will be 15.4% ad valorem. The textile category designation is 341.

Based upon international textile trade agreements products of Hong Kong 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.

Style Caroline is being returned to you. As per 177.2 of the Customs Regulations Individual requests for rulings submitted will be limited to five (5) merchandise items, all of which must be of the same class or kind.

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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