The tariff classification of a nurses’ garment from China or Vietnam.

N029699 June 20, 2008 CLA-2-62:OT:RR:NC:3:353 CATEGORY: Classification TARIFF NO.: 6211.42.0056 Mr./Ms. W.J. Gonzalez Trans-Union Customs Service, Inc. 11941 S. Prairie Ave. Hawthorne, CA 90250 RE: The tariff classification of a nurses’ garment from China or Vietnam. Dear Mr./Ms. Gonzalez: In your letter dated May 21, 2008, on behalf of Strategic Partners, LLC, you requested a classification ruling. As requested, the sample will be returned. The submitted sample is a Style Flex Appeal/C6346 nurses’ uniform upper body garment constructed of an upper component of knit 88% polyester/12% spandex fabric and a lower component of woven 100% cotton print fabric. The short sleeve pullover upper body garment features a V-neckline, woven fabric accent trim two sets of woven self-fabric double patch pockets below the waist, and a slightly ruffled bottom. Style Flex Appeal/C6346 is described in heading 6114, which provides for other knit garments, and in heading 6211, which provides for other woven garments. As the visible surface area of the knit and woven components is approximately equal, neither component imparts the essential character of the nurses’ uniform upper body garment, which will be classified in accordance with General Rule of Interpretation (GRI) 3 (c) under the heading that occurs last in numerical order in the HTS. The applicable subheading for the Style Flex Appeal/C6346 nurses’ uniform upper body garment will be 6211.42.0056, 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 cotton: Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: Other.” The duty rate will be 8.1 percent ad valorem. The textile category designation is 341. 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 World Wide Web at http://www.usitc.gov/tata/hts/. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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