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NY N019805




November 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 6211.33.0061

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O.Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a uniform smock from Vietnam.

Dear Ms. Aldinger:

In your letter dated November 5, 2007, you requested a classification ruling. The sample which you submitted is being returned as requested.

The submitted sample “Rite Aid Logo Short Sleeve Zip Front Uniform Smock” is composed of woven 80% polyester and 20% rayon fabric. The garment measures approximately 31” long and 22” wide and has short sleeves. The blue smock also features two hip pockets, left breast pocket, full front zipper with closure with flap and the “RITE AID” logo embroidered on the top right front. The smock will be imported in nine female sizes, extra small through 5 extra large; and eight male sizes, small through 5 extra large. The smock covers the wearer from the neck to mid hip and protects the wearer’s clothing from dirt, etc.

  The applicable subheading for the “Rite Aid Short Sleeve Zip Front Uniform Smock”, female sizes will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Track suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Other." The duty rate will be 16% ad valorem. The textile category designation is 659.

          The applicable subheading for the “Rite Aid Short Sleeve Zip Front Uniform Smock”, male sizes will be 6211.33.0061 Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Track suits, ski-suits and swimwear: Other garments: Other garments, men’s or boys’: Of man-made fibers: Other." The duty rate will be 16% 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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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