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NY K88541




August 17, 2004

CLA-2-62:RR:NC:3:353 K88541

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040, 6505.90.8015

Ms. Melissa Strain
ACI International, Inc.
2018 East Prairie Circle
Olathe, KS 66062

RE: The tariff classification of disposable jacket and bouffant cap from China.

Dear Ms. Strain:

In your letter dated August 6, 2004 you requested a classification ruling.

Two samples were submitted with your request. Item1901-0237 is a disposable jacket made of spun bonded polypropylene non-woven textile fabric. The jacket is approximately hip length, with no collar, two patch pockets below the waist and a full front opening with a hook and loop tape closure. You also state that the jacket will be imported in four sizes small, medium, large and extra large and that the item numbers will be 1901-0237 through 1901-0240.

Item 1901-0241 is a bouffant style cap made of spun bonded polypropylene non-woven textile fabric. The cap resembles a shower cap. It is circular in shape, and has an opening in the center with elastic sewn around the opening to hold it in place.

The applicable subheading for the jacket, items1901-0237 through 1901-0240 will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Other.” The duty rate will be 16 percent ad valorem. The textile category designation is 659.

The applicable subheading for the disposable cap, item 1901-0241 will be 6505.90.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid... Non-woven disposable head-gear without peaks or visors." The rate of duty will be 18.7 cents per kilogram plus 6.8% ad valorem.

Based upon international textile trade agreements products of China 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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