The tariff classification of a ladies medical uniform cardigan and pants from China and/or Vietnam.

NY I89392 January 14, 2003 CLA-2-61:RR:NC:3:353 I89392 CATEGORY: Classification TARIFF NO.: 6110.30.3055, 6104.63.2011 Mr. Milton Tamamoto Hanku International Transport USA Inc. JFK Airport, Cargo Bldg. 75, Rm. 235 Jamaica, NY 11430 RE: The tariff classification of a ladies medical uniform cardigan and pants from China and/or Vietnam. Dear Mr. Tamamoto: In your letter dated December 23, 2002, on behalf of your client Nichimen American Inc., you requested a classification ruling. The samples will be returned to you as requested. The submitted sample is a medical uniform consisting of a women’s cardigan, style 1393PR and pants, style C4935 composed of knit 65% polyester/35% cotton fabric. The outer surface of the cardigan measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a V-neckline, long sleeves, a full front opening with a five button closure, two front patch pockets with one button closures, 2 side slits, and a hemmed bottom. There is a horizontal drawstring in the middle of the back panel. The long pants, style C4935 have an elasticized waist and two side pockets. The medical uniform consists of two garments, a cardigan and pants. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified. The applicable subheading for the medical uniform cardigan, style 1393PR will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for “Sweaters,…similar articles, knitted or crocheted: Of man-fibers: Other: Other: Other: Women’s or girls’.” The duty rate will be 32.2% ad valorem. The textile category designation is 639. The applicable subheading for the medical uniform pants, style C4935 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’…trousers…knitted or crocheted: Trousers…Of synthetic fibers: Other: Other, Trousers and breeches: Women’s: Other.” The rate of duty will be 28.4% ad valorem. The textile category designation is 648. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa, products of Vietnam are not subject to quota and the requirement of 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 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division