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NY E89127





November 19, 1999

CLA-2-61:RR:NC:WA:357 E89127

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6113.00.9065

Mr. Brian Wavra
LaCrosse/Rainfair
Safety Products Division
3600 S. Memorial Dr.
Racine, WI 53403

RE: The tariff classification of a man's jacket and pair of bib and brace overalls from China; Visibly Coated

Dear Mr. Wavra:

In your letter dated October 21, 1999, you requested a classification ruling.

The sample submitted, style number IP-99-4, consists of a man's jacket and pair of bib and brace overalls that are constructed of a shell composed of a knit 100% polyester tricot fabric which has a visible laminated polyurethane sheet on the outer surface.

The polyurethane sheet does not completely obscure the underlying polyester fabric.

The jacket has a stand-up collar and a detachable hood that is held to the garment by four snaps that are located on the back portion of the collar. The inner portion of the collar is composed of a corduroy fabric. The jacket has a full front opening secured by five snap closures, two front patch pockets secured by flaps with a one snap closure, long hemmed sleeves and a straight cut bottom hem. The garment's free-hanging back yoke covers three circular mesh inserts.

The pair of bib and brace overalls has a front bib that extends significantly above the natural waistline. The garment has two shoulder straps with plastic buckles that are sewn to the back portion of the overalls. The shoulder straps are secured to the front bib by fastening the plastic buckles to the two buttons on the bib. The bib overall has a fly front opening that is secured by a one snap closure. The garment has leg separations that extend to the ankles. The legs are hemmed at the bottom and have no tightening elements.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other coats and jackets: other: men's or boys'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the bib overall will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabric of heading 5903, 5906 or 5907: other overalls and coveralls: other men's or boys'. The duty rate will be 7.4 percent ad valorem.

The jacket falls within textile category designation 634. The bib and brace overall falls within textile category designation 659. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a 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 W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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