CLA-2-62:RR:NC:3:353 I85818

Mr. Frank Testa
Frank Testa Inc.
Cargo Building 80
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of scrub shirts from Romania.

Dear Mr. Testa:

In your letter dated August 26, 2002, on behalf of Hi Fashion Fabrics Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style 4144F is a 100% cotton printed woman’s woven scrub shirt. The garment is hip length. The shirt also features a V neckline, short hemmed sleeves, a patch pocket on the left chest, two patch pockets below the waist and a hemmed bottom with side vents.

Style 6083 is a 100% cotton printed woman’s woven scrub shirt. The garment is hip length and has a full frontal opening with a right over left five button closure. The shirt also features a round neckline, long sleeves with applied knit cuffs, two patch pockets below the waist and a hemmed bottom.

Style 4152 is a 100% cotton printed woman’s woven scrub shirt. The garment is hip length and has a full frontal opening with a right over left five button closure. The shirt also features a V- neckline, short hemmed sleeves, a patch pocket on the left chest, two patch pockets below the waist and a hemmed bottom.

Style 6109 is a 100% cotton printed woman’s woven scrub top. The garment is hip length and has a full frontal opening with a right over left five button closure. The garment also features a very deeply cut V-neckline, long sleeves with applied knit cuffs, two patch pockets below the waist and a hemmed bottom.

The applicable subheading for styles 4144F, 6083 and 4152 will be 6211.42.0056, 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, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 8.2 percent ad valorem.

The applicable subheading for style 6109 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 duty rate will be 8.2 percent ad valorem.

Styles 4144F, 6083 and 4152 fall within textile category designation 341. Based upon international textile trade agreements products of Romania are subject to quota and the requirement of a visa.

Style 6109 falls within textile category designation 359. Based upon international textile trade agreements products of Romania are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 646-733-5053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division