HQ 085687: Classification of hospital scrub suit

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 085687

                                    January 5, 1990

            CLA-2 CO:R:C:G  085687 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6204.62.4020; 6206.30.3040

            M. Dumrong Indharameesup
            Commercial Counselor
            Royal Thai Embassy   Suite 300
            1122 Connecticut Ave., N.W.
            Washington, D.C. 20036

            Re:  Classification of hospital scrub suit

            Dear M. Indharameesup:

                 This is in response to your letter dated September 22,
            1989, requesting, on behalf of INC (Thailand) Co., Ltd., the
            classification of a hospital scrub suit under the Harmonized
            Tariff Schedule of the United States Annotated (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a two piece surgical
            scrub suit.  No sample was provided.  The garment is described
            as solid green, made of 55 percent cotton and 45 percent
            polyester, 160 thread per square inch with a minimum of 12
            stitches per inch.  The yarn is #26 single.  We will assume for
            classification purposes that the fabric is woven, since you did
            not specify whether it was woven or knit.  A sketch of the
            garment which was submitted with the request for classification
            indicates that the top has a V-neck, short sleeves and one or
            two breast pockets, and a hemmed neck, sleeve cuffs and bottom.
            The trousers appear to have a drawstring waist, two back
            pockets, and legs that are hemmed at the bottom.

            ISSUE:

                 Whether the garments at issue are classifiable under
            subheading 6204.62.4020, HTSUSA and 6206.30.3040, HTSUSA.

            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            according to the terms of the headings and any relative section













                                          -2-

            or chapter notes.  Note 8 to Chapter 62, HTSUSA, states that
            unisex garments are classified under the provisions for women's
            garments.  Heading 6204 provides for, among other things,
            women's trousers.  Subheading 6204.62.4020, HTSUSA, provides
            for trousers, bib and brace overalls, breeches, and shorts, of
            cotton, other, other, trousers and breeches, women's, other.
            Heading 6206, HTSUSA, provides for, among other things, women's
            blouses and shirts.  Subheading 6206.30.3040, HTSUSA, provides
            for women's or girls blouses, shirts and shirtblouses, of
            cotton, other, other, women's.

              HOLDING:

                 The trousers at issue are classified under subheading
            6204.62.4020, HTSUSA, with a duty rate of 17.7 percent ad
            valorem, and are subject to textile category 348.  The top at
            issue is classified under subheading 6206.30.3040, HTSUSA, with
            a duty rate of 16.4 percent ad valorem, and are subject to
            textile category 341.

                 The designated textile and apparel category may be
            subdivided into parts.  If so, visa and quota requirements
            applicable to the subject merchandise may be affected.  Since
            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.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact your local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division


















            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            085687