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NY L86867




September 1, 2005

CLA-2-62:RR:NC:3:353 L86867

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.30.2070; 6206.40.3030; 6211.33.0061; 6211.43.0091

Mr. Bintao Feng
PharReach Inc.
8622 60th Road
Elmhurst, NY 11373

RE: The tariff classification of Cook’s Shirt, Chef’s Coat, Lab Coats and Patient Gown from China.

Dear Mr. Feng:

In your letter received by this office on August 26, 2002, you requested a classification ruling.

You have submitted five samples. Style I is a Man’s Cook’s Shirt made of a 65% polyester and 35% cotton woven fabric. The garment features a full frontal opening with a left over right five snap closure, a collar, short sleeves with hemmed bottoms, a pocket on the left chest and a hemmed bottom. You state this shirt is uni-sex, it is a men’s shirt because of the left over right closure.

Style II is an Uni-sex Chef’s Coat made of a 65% polyester and 35% cotton woven fabric. The double breasted garment features a double row of five buttons that close left over right or right over left, a mandarin collar, long sleeves with fold up cuffs, a pocket on the left chest and a hemmed bottom.

Style III is a Man’s Mid- Length Lab Coat made of 65% polyester and 35% cotton woven fabric. The garment features a full frontal opening with a four button left over right closure, a collar, long sleeves with hemmed cuffs, a pocket on the left chest, two patch pockets below the waist and a hemmed bottom. The coat extends to way below the wearer’s knees.

Style IV is a Woman’s Mid-length Lab Coat made of 65% polyester and 35% cotton woven fabric. The garment features a full frontal opening with a four button right over left closure, a collar, long sleeves with turn up cuffs, a left breast pocket, two patch pockets below the waist, belted back and a hemmed bottom. The coat extends to below the wearer’s knees.

Style V is an Uni-sex Examination Gown made of 50% polyester and 50% woven cotton fabric. The gown features short sleeves, finished side edges and a full back opening with fabric ties at the neck and waist. The bottom edge is unfinished.

Due to the fact that Style V Examination Gown is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). Style V will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The item may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for Style I Cook’s Shirt will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts: of man-made fibers: other: other, other: other: men’s. The duty rate will be 29.1 cents per kg. and 25.9 percent ad valorem.

The applicable subheading for Style II Chef’s Coat 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: women’s or girls’. The duty rate will be 26.9 percent ad valorem.

The applicable subheading for Style III Man’s Lab Coat will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments; men’s or boys’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for Styles IV Woman’s Lab Coat and V Unisex Patient Gown will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

Style I falls within textile category designation 640. Style II falls within textile category designation 641. Styles III, IV and V fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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