The tariff classification of patient gowns and scrub pants from Honduras, Nicaragua and El Salvador.

N234553 November 6, 2012 CLA-2-62:OT:RR:NC:N3:348 CATEGORY: Classification TARIFF NO.: 6211.42.0081; 6204.62.4021 Mr. John Hyatt The Irwin Brown Company 14116 Customs Blvd. Gulfport, MS 39503 RE: The tariff classification of patient gowns and scrub pants from Honduras, Nicaragua and El Salvador. Dear Mr. Hyatt: In your letter dated October 15, 2012 on behalf of your client, Co. Expo Ltd., you requested a tariff classification ruling. The samples are being returned to you as requested. Styles 74766430, 74020498, 74408930, 74242430, 73012430 and 75457431 are unisex patient gowns composed of 55% cotton/45% polyester woven fabric. The patient gowns are approximately knee length with short sleeves, a full back opening, and a textile tie at the back of the neck and waist. Style 66A32105 is a pair of women’s pants constructed from 55 percent cotton and 45 percent polyester woven fabric. The pull-on pants feature a 1 inch wide elasticized rib knit waistband; two stitched front creases; a color code tab at the center back of the waistband; and long hemmed leg openings. It is your opinion that Style 74766430, 74020498, 74408930, 74242430, 73012430, 75457431 and 66A32105would be classified under heading 6207, Harmonized Tariff Schedule of the United States (HTSUS). We disagree with your proposed classification. These types of garments are not designed for street wear, but for use in medical environments such as hospitals, doctors’ offices, or nursing homes. The applicable subheading for Styles 74766430, 74020498, 74408930, 74242430, 73012430, 75457431, HTSUS, will be 6211.42.0081, which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of cotton: Other. The rate of duty will be 16 percent ad valorem. The applicable subheading for Style 66A32105 will be 6204.62.4021, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s trousers (other than swimwear): Of cotton: Other: Other: Other: Other: Trousers: Women’s: Other. The duty rate will be 16.6% 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 World Wide Web at http://www.usitc.gov/tata/hts/. You also requested a determination as to whether or not the garments will be eligible for preferential treatment under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA). Your inquiry does not provide enough information for us to make this determination. Your request should include the following information: State the country of origin of each of the components of the garment. State whether the garments will be exported directly to the United States from the producing country. Please provide the generic name of each fiber. Indicate whether the fiber is staple or filament. Also provide the weight for each generic fiber treating the staple and filament as separate materials. For example: 25% staple polyester 25% filament polyester 25% filament polypropylene 25% staple polypropylene For filament, provide the country where the filament yarn was extruded and formed. For staple, provide the country where the fibers are grown or manufactured and the country where the staple yarn was formed. Provide the country where the fabric was manufactured. Provide the country where the sewing thread was formed and finished. What is the fiber content? Ruling requests will contain a maximum of 5 items in order to be accepted. The items in a single request must be of the same class or kind. For example, a request concerning textile articles may not include items such as footwear. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to: U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 Rosemarie Hayward at (646) 733-3064. Sincerely, Thomas J. Russo Director National Commodity Specialist Division