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NY K86728




June 18, 2004
CLA-2-62:RR:NC:3:353 K86728

CATEGORY: CLASSIFICATION

TARIFF NO.:

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of uniform tops from Vietnam, Nicaragua, Colombia and the Dominican Republic.

Dear Mr. Gonzalez:

In your letter dated June 2, 2004, on behalf of Strategic Partners DBA Cherokee Uniforms, you requested a classification ruling. The samples will be returned to you as requested.

Three styles of uniform tops were submitted with your request. Style 3315C Is composed of woven 100% cotton fabric. The garment has long sleeves, jewel neck collar, two side pockets below the waist and a full front button closure that closes right over left.

Style 3303 is composed of woven 100% cotton denim fabric. The garment has longs sleeves, jewel neck collar, two side pockets and a full front snap closure that closes right over left.

Style 3311 is composed of woven 65% polyester/35% cotton fabric. The garment has long sleeves, jewel neck collar, two side pockets below the waist and a full front snap closure that closes right over left.

You suggest classification 6211.42.0056. However as you stated the garments are worn over other clothing, as garments to similar smocks, not as blouses. Therefore, the garments will be classified in headings 6211.42.0081 and 6211.43.0091 respectively.

Style 3311 cannot be classified as cotton, because the garment is made of mostly polyester fabric (65% polyester/35% cotton fabric.)

The applicable subheading for styles 3315C and 3303 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suitsOther garments, women’s or girls: Of cotton, Other.” The general rate of duty will be 8.1 percent ad valorem.

The applicable subheading for style 3311 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suitsOther garmentsOf man-made fibers, Other." The general duty rate will be 16% ad valorem.

Styles 3315C, 3303 fall within textile category designation 359, and style 3311 within textile category designation 659. Based upon international textile trade agreements products of Colombia and the Dominican Republic are not subject to quota but are subject to the requirement of a visa. Products of Vietnam and Nicaragua are not subject to quota or 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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