CLA-2-62:RR:NC:3:353 C89386
6204.62.4020
Ms. Mary E. Keller
A.W. Fenton Co., Inc.
P.O. Box 75029
Cincinnati, Ohio 45275-0029
RE: The tariff classification of a gown, upper body garment, shirt and pants
for the handicapped, from China.
Dear Ms. Keller:
In your letter dated June 19, 1998, on behalf of Gillman Knitwear Co., you
requested a classification ruling.
The samples will be returned as requested.
Five styles of garments were submitted with your request. The garments are
specially designed for physically challenged individuals. Each of the garments
have extra zipper openings which would allow for ease of changing clothes.
Style #A001 is a woven 100% cotton knee length gown, with overlapping front self
ties. Both sleeves have zippers down the top of the sleeve to the cuff. Style
#A003 is a woven 70% cotton/30% polyester collarless women's V-Neck upper body
garment, has a full front opening that buttons right over left, and has long
sleeves that also have zippers. Style #A006(a) is a unisex, woven 70%
cotton/30% polyester pair of pants, which have an elasticized waistband and two
zippered openings that open from waist to cuff. Style #004 is a woven 100%
cotton, long sleeve shirt with a collar. The shirt has a full front opening
that buttons left over right, and long sleeves with a zipper from the bottom of
each sleeve which turns at the shoulder and continues down both front sides.
Style #A006(b) is a unisex pair of pants consisting of 100% woven cotton fabric.
The pants have an elasticized waist with a drawstring and two zippers down the
front of each leg.
Note 8 to Chapter 62 annotates, "Garments of this chapter designed for left
over right closure at the front shall be regarded as men's or boys' garments,
and those designed for right over left closure at the front as women's or girls'
garments. These provisions do not apply where the cut of the garment clearly
indicates that it is designed for one or other of the sexes."
The applicable subheading for the gown, style #A001 will be 6208.91.1010,
Harmonized Tariff Schedule of the United States (HTS), which provides for
"Women's or girls' singlets and other undershirts, slips, petticoats, briefs,
panties, nightdresses, pajamas, negligees, bathrobes dressings gowns and similar
articles: Other: Of cotton: Bathrobes, dressing gowns and similar articles,
Women's." The duty rate will be 8.1% ad valorem.
The applicable subheading for the upper body garment, style #A003 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: Other." The duty rate will be 8.4% ad valorem.
The applicable subheading for the pants, style A006(a) and style #A006(b)
will be 6204.62.4020, Harmonized tariff Schedule of the United States, (HTS),
"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
cotton: Other: Other: Other, Trousers and breeches: Womens: Other." The duty
rate will be 17.3% ad valorem.
The applicable subheading for the shirt, style #A004 will be
6205.20.2065, Harmonized Tariff Schedule of the United states, (HTS), which
provides for "Men's or boys' shirts: Of cotton: Other, Other: Other: Other:
Men's." The duty rate will be 20.5% ad valorem.
Please note, Style #s A001, A003, A006(a), A004 and A006(b)
are eligible for free entry under subheading 9817.00.90, HTS, which provides for
"Articles specifically designed or adapted for the use or benefit for the blind
or other physically or mentally handicapped persons: Other." All applicable
entry requirements must be met including the filing of U.S. Department of
Commerce Form ITA-363P.
Style #A001 falls within textile category designation 350 and style #A003
falls within textile category 341. Style #A004 falls within textile category
340. Style #sA006(a) and A006(b) fall within textile category 348 Based upon
international textile trade agreements products of China are 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. 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 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 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division