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NY K85566





May 11, 2004
CLA-2-62:RR:NC:3:353 K85566

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030, 6205.30.2070

Ms. Sonya Everding
UPS Supply Chain Solutions
2430 Mall Dr., Suite 195
North Charleston, SC 29496

RE: The tariff classification of chef’s coats and cook’s shirts from Cambodia.

Dear Everding:

In your letter dated April 27, 2004, on behalf of Artex Int’l., you requested a classification ruling. The samples will be returned to you as requested.

Two unisex Chef’s Coats and three men’s Cook’s Shirts were submitted with your request. The garments are made of woven 65% polyester/35% cotton fabric.

Style CC5000 is a Chef’s Coat with long sleeves, breast pocket, mandarin collar and a double breasted front with button closures that close left over right or right over left.

Style CC5020 is a Chef’s Coat with long sleeves, mandarin collar, and double breasted with textile knot buttons. The garment buttons either left over right or right over left.

Styles CS8000 and CS8001 are Cook’s Shirts with short sleeves, full front snap closure that closes left over right, pointed collar and a breast pocket. Style CS8001 has WPL stamped on the left corner of the collar.

Style 8010 is a Cook’s Shirt with short sleeves, pointed collar, breast pocket and a full front button closure that closes left over right.

Chapter 62, note 8 states: "Garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boy’s garments, and those designed for right over left closure at the front as women’s or girls’ garmentsGarments which cannot be identified as either men’s or boys’ garments or as women’s or girls’, garments, are to be classified in the headings covering women’s or girls’ garments."

The applicable subheading for the 65% polyester/35%cotton Chef’s Coats, Styles CC5000 and CC5020 will be 6206.40.3030, Harmonized Tariff schedule of the United States (HTS), which provides for "Women’s or girls’ blousesshirts: 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 Cook’s Shirts, Styles CS8000, CS8001 and CS8010 will be will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for "Men’s or boys’: Of man-made fibers: Other: Other, Other: Other: Men’s." The duty rate will be 29.1 cents/kg + 25.9% ad valorem. The textile category designation is 640.

Based upon international textile trade agreements as a product of Cambodia the Chef’s Coats, Styles CC5000 and CC5020 are not subject to quota, but are subject to the requirement of a visa. As a product of Cambodia the Cook’s Shirts, Styles CS8000, CS8001 and CS8010 are 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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