CLA-2-62:OT:RR:NC:TA:360

Mr. John T. Hyatt
The Irwin Brown Company
212 Charles Street
New Orleans, LA 70130

RE: The tariff classification of a unisex hospital gown from El Salvador

Dear Mr. Hyatt:

In your letter dated March 29, 2010, you requested a tariff classification ruling on behalf of Co Expo, Ltd.

The submitted sample, style 17012, is a unisex hospital gown constructed from 55 percent cotton and 45 percent polyester woven fabric. The full length garment features a V-neckline, short sleeves with snap closures, one chest pocket, a full back opening secured by fabric ties at the neck and waist.

In your letter you asserted that this garment is correctly classified under 6208.22.0000, HTSUS, as sleepwear. Firstly, the submitted sample is of chief weight cotton. Secondly, this type of garment is not designed for street wear, but for use in a medical environment (e.g. hospitals, doctor’s offices, nursing homes, etc.). Therefore, the garment is correctly classified under 6211.42.00 HTS, as other wearing apparel, of cotton.

The applicable subheading for style 17012 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits, swimwear, other garments: other garments, women’s or girls’: of cotton: other. The rate of duty will be 8.1 percent ad valorem.

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/.

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 Brenda Wade at (646) 733-3051.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division