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NY N019940




December 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989, 6211.43.0091, 6211.42.0081

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

RE: The tariff classification of chef/server aprons 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.

Five samples of chef/server aprons were submitted with your request.

Styles 1660, 1665 and 1675 are made of woven 65% polyester/35% cotton fabric.

Style 1660 is a small waist apron measuring approximately 10 ½” long with self-fabric ties and three front pockets. The item does not provide sufficient protection to the wearer to be classified as an apron, instead it provides a convenient method of carrying a variety of articles.

Style 1665 is a bib apron with a textile neck strap and waist ties. The apron also has two patch pockets at the waist and a small pocket on the bib.

Style 1675 is a waist apron that covers the torso from the waist to approximately the ankle. The apron also features textile waist ties and a patch pocket with a small compartment.

Styles 1620 and 1650 are made of woven 100% cotton fabric.

Style 1620 is a waist apron that covers the torso from the waist to approximately the ankle. The apron also features textile waist ties and two patch pockets on the front right side.

Style 1650 is a bib apron that covers the torso with an adjustable textile neck strap, waist ties and a right side patch pocket.

The applicable subheading for the Style 1660 will be 6307.90.9989, 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% ad valorem.

The applicable subheading for the Styles 1665 and 1675 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 Styles 1620 and 1650 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 rate of duty will be 8.1% 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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