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NY N011365




May 29, 2007

CLA-2-62:RR:NC:N3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030, 6203.43.4010, 6505.90.6090

Ms. Muge Yukseloglu
Urban Tulip LLC
535 West 34th St., Suite 206
New York, NY 10001

RE: The tariff classification of chefs uniforms from China.

Dear Ms. Yukseloglu:

In your letter dated May 11, 2007, you requested a classification ruling.

The submitted samples are chef jacket and cap. The chef jackets and pants are made of woven 65% polyester/35% cotton fabric. The baseball style cap is made of knit mesh 100% polyester fabric.

Sample 1, chef jacket is a unisex double breasted garment features a double row of five buttons that close left over right or right over left, a mandarin collar, 1/2 sleeves with fold up cuffs, a pocket on the left chest and a hemmed bottom.

Sample 2, chef jacket is a unisex double breasted garment features a double row of five buttons that close left over right or right over left, a mandarin collar, 3/4 sleeves with fold up cuffs, a pocket on the left chest and a hemmed bottom.

Sample 3, chef pants are black and white check with two back pockets and two side pockets. They also feature belt loops and a zipper secured by one left over right button closure.

Sample 4, chef baseball style cap has six panels, peak and an adjustable strap at the back.

Chapter 62, Note 8. Garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments.

These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

  Garments that cannot be identified as either men’s or boys’ or women’s or girls’ garments are to be classified in the headings covering women’s or girls’ garments.

  The applicable subheading for sample 1 and 2, chef’s jackets, 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, Other: Women’s." The duty rate will be 26.9% ad valorem. The textile category is 641.

The applicable subheading for sample 3, chef’s pants will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other, Trousers and breeches: Men's.” The rate of duty will be 27.9% ad valorem. The textile category designation is 647.

The applicable subheading for sample 4, cap will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric...Other: Of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not in part of braid, Other: Other: Other." The duty rate will be 20 cents per kilogram plus 7% ad valorem. The textile category designation is 659.

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/.

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. 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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