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NY M86481




September 29, 2006

CLA-2-62:RR:NC:3:353 M86481

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6211.42.0081; 6307.90.9889; 6505.90.8090; 6211.43.0091

Ms. Ellen R. Chance
Jean D. Duncan Customs Brokers, Inc.
510 Plaza Drive
Suite 1200
College Park, GA 30349

RE: The tariff classification of Chef’s Coats, a Hat and Apron from China.

Dear Ms. Chance:

In your letter received by this office on September 5, 2006, on behalf of East Coast Trading Co., you requested a classification ruling. The samples will be returned to you.

You have submitted six samples. The first sample 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.

The second sample is an uni-sex garment that you call a Chef’s Coat made of a 100% cotton woven fabric. The garment features a full frontal opening with a tie closure at the waist, ¾ sleeves with hemmed bottoms and a hemmed bottom. This garment appears to be worn over another garment.

The third sample is a Chef Apron made of 65% polyester and 35% cotton woven fabric. The garment is a rectangular-shaped half apron which measures approximately 24 inches in width by 12 inches in length. It features self- ties and reaches from the waist to barely the top of the thighs. It has one large pocket approximately 7 ½ inches high divided into three sections. This item has insufficient coverage to be considered a protective apron.

The fourth sample is a Chef-type Hat with an approximately 3 ½ inches tall band constructed of 65% polyester and 35% cotton woven fabric. The flat top of the crown is constructed of polyester knit mesh fabric.

Neither the knit crown, classifiable under heading 6505.90.60, or the woven band, classifiable under heading 6505.90.80, imparts the essential character to the hat. Following General Rule of Interpretation (GRI) 3 (c), it will be classified under the heading which occurs last in numerical order in the HTS.

The fifth sample is a uni-sex garment that you call a Chef’s Coat made of a 100% polyester woven fabric. The garment features a full frontal opening with a tie closure at the waist, ¾ sleeves with hemmed bottoms and a hemmed bottom. This garment appears to be worn over another garment.

The applicable subheading for the first style Uni-Sex Chef’s Coat will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTSUS), 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 the second style Uni-Sex Chef’s-style Coat will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments; women’s or girls’: of cotton, other. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the third style Apron will be 6307.90.9889 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles, including dress patterns: other: other: other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the fourth style Hat will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for hats and headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed . . .: other: of man-made fibers: other: not in part of braid, other: other: other. The duty rate will be18.7 cents per kg. plus 6.8 percent ad valorem.

The applicable subheading for the fifth style Uni-Sex Chef’s-style Coat will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments; women’s or girls’: of man-made fibers, other. The duty rate will be 16 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 first style Chef’s Coat falls within textile category 641. The second style Chef’s Coat falls within textile category 359. The fourth style Hat and fifth style Chef’s Coat falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

You have submitted six samples, five samples are allowed per binding ruling request and your inquiry does not provide enough information for us to give a classification ruling on the tall chef hat. Your request for a classification ruling should include what the attached band is used for. 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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