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NY L84496




May 23, 2005

CLA-2-62:RR:NC:3:353 L84496

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.30.3040, 6204.62.4020, 9819.11.12

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd, W
Toronto, Ontario M8V 1A4

RE: The tariff classification of a scrub top and pants from Senegal.

Dear Ms Fust:

In your letter dated April 29, 2005 you requested a tariff classification ruling. The samples will be returned to you, as requested.

The submitted samples are a scrub top and pants constructed of woven 55% cotton, 45% polyester fabric. Both garments are reversible. The scrub top is a pullover garment featuring a v-neck, hemmed edges, left breast pocket on both sides and a color-coded binding tape neck seam. The scrub pants feature a webbed fabric drawstring and a right rear patch pocket on both sides.

You suggest classification of the scrub top in subheading 6205.20.2065 as a men’s shirt. The scrub top is considered unisex and therefore will be classified as a women’s garment.

The applicable subheading for the scrub top will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other, Other: Women’s.” The general duty rate will be 15.4% ad valorem.

The applicable subheading for the scrub pants will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’suitsskirtstrousers: Trousersbreeches and shorts: Of cotton: Other: Other: Other, Trousers and breeches: Women’s: Other.” The general duty rate will be 16.6% ad valorem.

Your inquiry does not provide enough information for us to give a ruling on AGOA eligibility under subheading 9819.11.12. Your request should include full information regarding the country of origin of all materials and a description of all manufacturing processes and the country where each takes place. 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.

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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