CLA-2-62:RR:NC:3:353 I88932
Mr. Jarrod Mills
Standard Textile Co. Inc.
One Knollcrest Dr.
Cincinnati, OH 45237
RE: The tariff classification of hospital garments from Mexico.
Dear Mr. Mills:
In your letter dated November 22, 2002 you requested a tariff classification ruling. As requested, the samples will be returned to you.
The submitted samples are Style Numbers 66542085 and 66642085 Warm-up Jackets, 74126080 Mammogram Cape and 74067030 Seersucker Cape.
Style Number 66542085 Warm-up Jacket is constructed of woven 50% cotton, 50% polyester fabric. The garment features a jewel neck, knit cuffs, two patch pockets below the waist with scissors tape in the right pocket, and a full left over right metal five snap closure. The garment offers no protection from the elements, and is worn over other clothing within the hospital.
Style Number 66642085 Warm-up Jacket is constructed of woven 60% cotton, 40% polyester fabric. The garment features a jewel neck, knit cuffs, two patch pockets below the waist with scissors tape in the right pocket, and a full left over right metal five snap closure. The garment offers no protection from the elements; and is worn over other clothing within the hospital.
Style Number 74126080 Mammogram Cape is constructed of woven 50% cotton, 50% polyester fabric. The garment features twill ties at the neck, is open in the front, and provides large front panels that provide patient privacy.
Style Number 74067030 Seersucker Cape is constructed of woven 65% cotton, 35% polyester fabric. The knee-length garment features twill ties at the neck, is open in the front, and provides patient privacy during examinations.
The applicable subheading for the Style Number 66542085 Warm-up Jacket will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track-suits and swimwear; other garments: Other garments, men’s or boys’: Of man-made fibers, Other.” The general rate of duty will be 16.2% ad valorem for 2002 and 16.1% ad valorem for 2003.
The applicable subheading for the Style Number 66642085 Warm-up Jacket will be 6211.32.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track-suits and swimwear; other garments: Other garments, men’s or boys’: Of cotton, Other.” The general rate of duty will be 8.2% ad valorem for 2002 and 2003.
The applicable subheading for the Style Number 74126080 Mammogram Cape will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers, Other.” The general rate of duty will be 16.2% ad valorem for 2002 and 16.1% ad valorem for 2003.
The applicable subheading for the Style Number 74067030 Seersucker Cape will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of cotton, Other.” The general rate of duty will be 8.2% ad valorem for 2002 and 2003.
Due to the fact that Style Numbers 66542085 Warm-up Jacket and 74126080 Mammogram Cape are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). Style Numbers 66542085 Warm-up Jacket and 74126080 Mammogram Cape will be classified as if they consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification. Style Numbers 66542085 Warm-up Jacket and 74126080 Mammogram Cape may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.
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