CLA-2-62:S:N:N5:353 806883
Ms. Diane L. Weinberg
Sandler, Travis & Rosenberg, P.A.
505 Park Avenue
New York, New York 10022-1106
RE: The tariff classification of chefs coats and a chef's jacket from El Salvador.
Dear Ms. Rosesberg:
In your letter dated February 7, 1995, on behalf of Interamerica Assemblies, Inc. (hereinafter: "Interamerica"), you requested a classification ruling.
The submitted samples are chefs coats consisting of 100 percent woven cotton fabric. Styles 147, 151, and 17484 are unisex chefs coats featuring a full front opening with a double row of fabric knot buttons that can button be buttoned either left over or right over left. The garments are hip-length with mandarin collars and mandarin styling, long or short sleeves, depending on the style. Style 102 has the features of a suit-type jacket with a full front opening with button closures that fasten left over right. The garment has a collar with lapels and long sleeves.
The chefs jacket, style 102 meets the requirements set out in the Explanatory Notes for jackets or blazers in heading 6203, HTSUS. The Explanatory Notes are the official interpretation of the HTSUS at the international level. The Explanatory Notes for heading 6103, HTSUSA, which apply mutandis to heading 6203, HTSUSA, require a jacket or blazer to habe three or more panels (of which two are in the front) sewn together lengthwise. The jacket has three panels (two in the front and one in the back) sewn together lengthwise.
The garment is designed to be worn as a jacket over other outerwear garments. We believe it has sufficient features to be considered a suit-type. The lapel styling, full frontal opening with a three button closure and front waist pockets are features generally found in casual leisure jackets.
The applicable subheading for styles 147, 151, and 17484 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 8.6 percent ad valorem.
The applicable subheading for style 102 will be 6203.32.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear: Suit-type jackets and blazers: Of cotton: Other, Other: Men's. The rate of duty will be 9.9 percent ad valorem.
The chef coats, styles 147, 151, 17484 fall within textile category designation 359. The chefs jacket, style 102 falls within the textile category designation 333. Based upon international textile trade agreements products of El Salvador are "not" subject to quota and the requirement of a visa.
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. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport