CLA-2-62:RR:NC:3:353 J83809
Mr. Jarrod Mills
Standard Textile Co. Inc.
One Knollcrest Dr.
Cincinnati, OH 45237
RE: The tariff classification of hospital apparel from Mexico and Jordan (QIZ)
Dear Mr. Mills:
In your letter dated April 18, 2003 you requested a tariff classification ruling. As requested, the samples will be returned to you.
The submitted samples are #s 67901508 Infant Gown, 74118330 Pajama Short, 724100430 Pajama Bottom and 72401430 Pajama Top. The # 67901508 Infant Gown is made in Mexico and constructed of knit 100% polyester fabric and features three metal snaps on each sleeve and a tie back. The #s 74118330 Pajama Short, 724100430 Pajama Bottom and 72401430 Pajama Top are adult garments made in Mexico and Jordan (QIZ), and constructed of woven 55% cotton, 45% polyester fabric. The # 74118330 Pajama Short is a unisex item with a drawstring waist. The # 724100430 Pajama Bottom features a left over right front closure and drawstring waist. The # 72401430 Pajama Top is long sleeve and features a v-neckline, full front left over right four snap closure and left breast pocket.
The adult items are commercially interchangeable with garments known as hospital scrubs. As such, they are not of the class or kind of merchandise principally used as sleepwear, and cannot be so classified.
Chapter 62 Note 8 states “Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys'…”
The applicable subheading for the # 67901508 Infant Gown will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Babies' garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other, Other: Other.” The general rate of duty will be 16.1% ad valorem.
The applicable subheading for the # 74118330 Pajama Short will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women's or girls' …dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts…Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other, Shorts: Women's.” The general rate of duty will be 16.7% ad valorem.
The applicable subheading for the 724100430 Pajama Bottom will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men's or boys' suits…blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other, Trousers and breeches: Men's: Other.” The general rate of duty will be 16.7% ad valorem.
The applicable subheading for the 72401430 Pajama Top will be 6205.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men's or boys' shirts: Of cotton: Other, Other: Other: Other: Men's.” The general rate of duty will be 19.8% ad valorem.
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,
National Commodity
Specialist Division