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NY L89291




January 20, 2006

CLA-2-62:RR:NC:3:353 L89291

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6204.63.3510

Ms. Maria Necci
Maria Necci Custom Broker, Inc.
1 Cross Island Plaza
Suite #317
Rosedale, NY 11422

RE: The tariff classification of scrub tops and pants from China

Dear Ms. Necci:

In your letter dated December 22, 2005, on behalf of Expo Uniform, Inc., you requested a classification ruling.

You have submitted two samples. The first sample is an unisex scrub top that is constructed of woven 65% polyester and 35% cotton woven fabric. The top features a V-neckline, hemmed short sleeves, a breast pocket and a hemmed bottom.

The second sample is an unisex scrub pant that is constructed of 65% polyester and 35% cotton woven fabric. The pant features a drawstring at the waist, no front fly opening, back patch pocket, side patch pocket and hemmed bottoms.

You believe the scrub top should be classified in subheading 6211.43.0060, HTS, and the scrub pants in subheading 6211.43.0091, HTS. Heading 6211 covers “other garments” that are not included more specifically in the preceding headings of Chapter 62. The garments are more specifically provided for in headings 6206 (top) and 6204 (pants).

The applicable subheading for the scrub top 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 duty rate will be 26.9 percent ad valorem.

The applicable subheading for the scrub bottom will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other, trousers and breeches: women’s. The duty rate will be 28.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The top falls within textile category designation 641. The scrub pants falls within category designation 648. 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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