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NY N003916




December 20, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Edmundo Torner
8025 NW 36 St
Suite 319
Miami, FL 33166

RE: The tariff classification of a smock from China.

Dear Mr. Torner:

In your letter dated November 29, 2001, on behalf of Africa Clothing, Corp., you requested a classification ruling.

The merchandise is Style GIANT-1147 smock. The garment is constructed of woven 60% cotton and 40% polyester fabric. The garment has a full frontal opening with a right over left five-button closure and features a collar, half sleeves, two patch pockets below the waist and a hemmed bottom. The smock is designed to be worn as protection over other clothing and is used by cashiers.

The applicable subheading for the Style GIANT-1147 smock will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton, other. The duty rate will be 8.1 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/.

Style GIANT-1147 falls within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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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