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NY K89058





September 14, 2004

CLA-2-62:RR:NC:3:353 K89058

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030, 6205.30.2070, 6203.43.4010

Ms. Berna Cabitac
Medtecs Int’l. Corp. Ltd.
7th St., Phase ll, Peza Bez
Mariveles Bataan, Philippines

RE: The tariff classification of a chef’s coat, cook’s shirt and chef’s pants from Philippines and Swaziland.

Dear Ms. Cabitac:

In your letter dated August 25, 2004 you requested a classification ruling.

Three samples were submitted with your request, a chef’s coat, cook’s shirt and chef’s pants. The unisex chef’s coat is made of woven 100% polyester fabric. The garment extends to the hip and has long sleeves, mandarin color and is double breasted with a left breast pocket. The chef’s coat can be buttoned left over right or right over left.

The cook’s shirt is made of woven 65% polyester/35% cotton fabric. The garment has short sleeves, a pointed collar, left breast pocket and a full front snap closure that closes left over right.

The chef’s pants are made of woven 65% polyester/35% cotton fabric. The men’s pants have a zipper fly with a button closure.

The applicable subheading for the chef’s coat and will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other, Other: Women’s.” The general duty rate will be 26.9% ad valorem. The textile category designation is 641.

 The applicable subheading for cook’s shirt 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 general duty rate will be 29.1 cents/kg + 25.9% ad valorem. The textile category designation is 640.

  The applicable subheading for the chef’s pants will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, . . .Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other, Trousers and breeches: Men’s. The general duty rate will be 27.9% ad valorem. The textile category is 647.

Your inquiry does not provide enough information for us to give a ruling on the chef’s coat, cook’s shirt and chef’s pants from Swaziland (AGOA) for preferential treatment under the African Growth and Opportunity Act. Your request for a classification ruling should include: Where the fabric is made, where it will be shipped to before arriving in Swaziland, where the thread originates, and where fabric is cut and sewn. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

Based upon international textile trade agreements products of the Philippines 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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