CLA-2-62:OT:RR:NC:N3:360
Mr. Anthony LoPresti
Stile Associates LTD
181 South Franklin Avenue
Valley Stream, NY 11581
RE: The tariff classification of a unisex hospital gown from China and Vietnam
Dear Mr. LoPresti:
In your letter dated September 9, 2020, you requested a tariff classification ruling on behalf of your client, Allied Health Services Inc. Our response was delayed due to laboratory analysis, during which the sample you submitted was destroyed.
Style G06-SP199-R is a unisex hospital gown. In your letter, you state that the garment is constructed from 100% polyester filament yarn and 100% metallic yarn (99% polyester and 1% metallic). The full length garment features a round neckline, long sleeves with rib-knit cuffs, and a full back opening secured by fabric ties at the neck and waist areas.
Because of the possible presence of metallic yarns, the garment was forwarded to the Customs and Border Protection laboratory. The results of the laboratory analysis indicate that style G06-SP199-R is constructed wholly of one 1-ply yellow and one 1-ply black multifilament polyester yarns.
The applicable subheading for style G06-SP199-R will be 6211.43.1091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: Other: Other. The rate of duty will be 16 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6211.43.1091, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6211.43.1091, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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.
At the time of Entry/Entry Summary, you may be requested to verify the information for any specific shipment or product.
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