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NY N019845




December 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1007, 6205.30.2070, 6505.90.2060

Ms. Kristy M. Dost
E. Besler & Co.
115 Martin Lane
Elk Grove Village, IL 60007

RE: The tariff classification of chef/cook’s shirts and hats from China.

Dear Ms. Dost:

In your letter dated November 9, 2007, on behalf of Chefwear Inc., you requested a classification ruling. The samples which you submitted are being returned as requested.

Four samples were submitted with your request.

Style 1385 is a cook’s shirt made of knit 100% polyester fabric. The short sleeve garment is made of a finely knit jersey fabric, with a rib knit neck, and is hemmed at the sleeves and bottom.

Style 1390 is a cook’s shirt made of woven 65% polyester/35% cotton fabric. The shirts have short sleeves, a pointed collar, left breast pocket and a full front left over right button closure.

The beret-style hat made of woven 100% cotton fabric. The hat has a hook and loop tape so that it will accommodate different sizes.

The skull cap is made of woven 100% cotton fabric. The crown is flat and has elastic 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.

The applicable subheading for Style 1385 will be 6109.90.1007, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops, and similar garments, knitted or crocheted: of other textile materials: of man-made fibers: men’s or boy’s: T-shirts: men’s. The duty rate will be 32% ad valorem. The textile category is 638.

   The applicable subheading for Style 1390 will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Men’s or boys’: Of man-made fibers: Other: Other, Other: Other: Men’s." The duty rate will be 29.1 cents/kg + 25.9% ad valorem. The textile category designation is 640.

 The applicable subheading for the beret and skull cap will be 6505.90.2060, 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, in the piece (but not in strips)Other: Not knittedheadwear of cotton, Other." The duty rate will be 7.5% ad valorem. The textile category designation is 359.

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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