CLA-2-62:OT:RR:NC:N3:356

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

RE: The tariff classification of men’s woven hospital patient wear from Honduras, Nicaragua and El Salvador.

Dear Mr. Hyatt:

In your letter dated March 3, 2011, and in subsequent information received on April 29, 2011, you requested a tariff classification ruling on behalf of Co Expo Ltd. Your samples are being retained for our files.

You state that Co Expo Ltd. produces the garments for sale to institutional providers who sell them to hospitals, nursing facilities and the like. Specific catalog advertising was submitted for each of the garments showing that they are marketed and sold as separates for use as hospital patient wear. Headquarters Ruling 967039, dated September 10, 2004, is noted.

Style 45620 is a men’s sleep top constructed from 55% cotton, 45% polyester, woven fabric. Style 45620 has a V-neckline, a full front opening with four snap closures, short hemmed sleeves, contrasting binding on the neckline and placket, and a straight hemmed bottom.

Style 45621 is a men’s sleep pant constructed from 55% cotton, 45% polyester, woven fabric. Style 45621 has a drawstring waistband, an open fly that breaks the waistband, a bar tack near the waistband, and selvage edge leg openings.

Style 45629 is a men’s sleep top constructed from 55% cotton, 45% polyester, woven twill fabric. Style 45629 has a V-neckline, a full front opening with four snap closures, short hemmed sleeves, a patch pocket on the left chest, self-fabric binding on the neckline and placket, and a straight hemmed bottom.

Style 45631 is a men’s sleep short constructed from 55% cotton, 45% polyester, woven fabric. Style 45631 is a pull-on style without a fly and has a tunnel elastic waistband and hemmed legs.

Style 45633 is a men’s sleep pant constructed from 55% cotton, 45% polyester, woven broadcloth fabric. Style 45633 has a drawstring waistband, an open fly that breaks the waistband, a bartack on the fly, and selvage edge leg openings.

Style 45641 is a men’s sleep pant constructed from 55% cotton, 45% polyester, woven fabric. Style 45641 is a pull-on style without a fly and has a drawstring waistband and hemmed legs.

Style 45651 is a men’s sleep pant constructed from 55% cotton, 45% polyester, woven fabric. Style 45651 is a pull-on style without a fly and has a tunnel elastic waistband and hemmed legs.

The applicable subheading for Styles 45620, 45621, 45629, 45631, 45633, 45641 and 45651 and will be 6207.91.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: other: of cotton: other: sleepwear. The rate of duty rate will be 6.1% 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division