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NY J82461

April 22, 2003

CLA-2-62:RR:NC:WA:357 J82461


TARIFF NO.: 6210.40.5040

Ms. Brigitte Letendre
Bombardier, Inc.
565 de la Montagne Street
Valcourt, Quebec, Canada J0E 2L0

RE: The tariff classification of a man’s pair of snowmobile bib-and-brace overalls from India

Dear Ms. Letendre:

In your letter dated March 11, 2003, on behalf of Bombardier Motor Corp. of America, you requested a classification ruling.

The sample submitted, style number 441224 “Men’s Dakota Highpants”, is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven 100% nylon oxford fabric that has a visible polyurethane coating on the inner surface. The garment is lined with a woven 100% nylon fabric that is quilted to a nonwoven polyester batting insulation. The garment is designed and sold as snowmobile high pants.

The garment has a front and rear bib, elasticized suspenders with adjustable plastic buckles and a front opening that is secured by a zipper closure. The front bib extends more than six inches above the natural waistline substantially covering the chest area. The bib-and-brace overall has two front pockets with zipper closures below the waist, an elasticized rear waist, long hemmed trouser legs with a full-length side-seam zipper opening along the outer length of each leg, articulated knees and a tab with a hook and loop fastener at the ankle. The garment has inner storm gaitors that have gripper elastic and are secured by a hook and loop fastener and a snap closure. A rubberized label on the lower portion of the right leg features the “Bombardier” logo.

The sample is being returned to you.

The applicable subheading for the bib-and-brace overall will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other overalls and coveralls. The duty rate will be 7.2 percent ad valorem.

The bib-and-brace overalls fall within textile category designation 659. Based upon international textile trade agreements products of India 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 646-733-3047.


Robert B. Swierupski

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