CLA-2-62:OT:RR:NC:N3:360
Mr. Greg Montgomery
OEC Group St. Louis
11960 West Line Industrial Drive
Maryland Heights, MO 63146
RE: The tariff classification of men’s and women’s trousers, arm sleeves, scrub hats, and headbands from India
Dear Mr. Montgomery:
In your letter dated December 9, 2016, you requested a tariff classification ruling on behalf of TiScrubs LLC. Your samples will be returned.
The submitted sample identified as “Women’s Element Scrub Pants” is a pair of women’s scrub trousers constructed from 100% polyester woven fabric. The pull-on pants feature a fully elasticized enclosed waistband with a tunnel drawstring that ties at the front, two triangular mesh knit inserts at the upper sides of the front panel, two inset pockets at the waist, a welt pocket and a patch pocket at the side of the right leg, a pocket with a flap and vertical zippered closure to the left of the patch pocket, and hemmed leg openings.
The submitted sample identified as “Men’s Element Scrub Pants” is a pair of men’s scrub trousers constructed from 100% polyester woven fabric. The pull-on pants feature a fully elasticized, fabric enclosed waistband with a tunnel drawstring that ties at the front, two triangular mesh knit inserts at the upper sides of the front panel, two inset pockets at the waist, a welt pocket and a patch pocket at the side of the right leg, a narrow pocket with a flap and a vertical zippered closure to the left of the patch pocket, and hemmed legs.
The submitted sample is a pair of arm sleeves in size large/x-large. The sleeves are composed of 90% polyester and 10% spandex knit fabric. The sleeves are tubular in shape, measuring approximately 17 inches in length, and cover the upper arm to the wrist. The sleeves will also be imported in size small/medium measuring 15 inches in length.
The scrub hat is a snug fitting skull cap. You indicate the scrub hat is constructed from 90 percent polyester and 10 percent spandex woven fabric. Upon examination of the sample, the scrub hat is determined to be of knit construction from a mesh knit fabric on the top of the crown and a plain knit fabric on the sides of the crown. The scrub hat features flatlock stitching, a fully elasticized opening and a non-removable label featuring the “TiScrubs” logo adhered to the outer surface of the side panel.
The submitted sample is a women’s headband constructed from 93% polyester and 7% spandex fabric. Although you state that the item is woven upon examination it was determined that the fabric is actually of knit construction. The headband measures approximately 2 inches wide in the front and tapers off to 1 inches in the back.
The applicable subheading for the “Women’s Element Scrub Pants” will be 6204.63.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Trousers and breeches: Women’s. The rate of duty will be 28.6 percent ad valorem.
The applicable subheading for the “Men’s Element Scrub Pants” will be 6203.43.9010, HTSUS, which provides for Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Other: Trousers and breeches: Men’s. The rate of duty will be 27.9 percent ad valorem.
The applicable subheading for the arm sleeves will be 6117.80.9540, HTSUS, which provides for Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of man-made fibers: Other. The duty rate will be 14.6 percent ad valorem.
The applicable subheading for the scrub hat will be 6505.00.6090, HTSUS, which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid: Other: Other: Other.” The rate of duty will be $.20 per kilogram plus 7 percent ad valorem.
The applicable subheading for the headband will be 6117.80.8500, HTSUS, which provides for Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Headbands, ponytail holders and similar articles. The rate of duty will be 14.6 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 the World Wide Web at https://hts.usitc.gov/current.
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 Kimberly Rackett via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division