United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J86843 - NY J86892 > NY J86853

Previous Ruling Next Ruling
NY J86853

August 6, 2003

CLA-2-64: RR: NC: TA: 347 J86853


TARIFF NO.: 6210.40.5040

Mr. Moy Chu
Pacific Eagle USA
9707 El Poche St.
El Monte, CA 91733

RE: The tariff classification of footwear from China.

Dear Mr.Chu:

In your letter dated July 23,2003 you requested a tariff classification ruling.

The two submitted samples are described as follows:

(*) Item #0601DPP is a chest-high stocking foot wader made from a three-layer material consisting of a woven 100% nylon outer fabric, a “Dry-Plus” membrane in the center and an inner layer of flat knit fabric. The membrane is visible through the knit fabric. The wader extends to the upper chest and is essentially horizontal from front to back. It has adjustable shoulder straps with neoprene padding, an elasticized drawstring with a cordlock along the top hem, adjustment straps at the waist, reinforced knee pads, elasticized gravel guards and neoprene stockingfoot bottoms. The wader is available in both men’s and women’s sizes.

Style #0601DPP in men’s sizes is classifiable under subheading 6210.40.5040, which provides for other men’s or boys’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, overalls and coveralls. The duty rate will be 7.2 percent ad valorem.

Style #0601DPP in women’s sizes is classifiable under subheading 6210.50.5040, which provides for other women’s or girls’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, overalls and coveralls. The duty rate will be 7.2 percent ad valorem.

Style #0601DPP falls within textile quota category 659. Products of China are subject to quota restraints and a visa requirement. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

(**) Your inquiry does not provide enough information for us to give a classification ruling on Item # 0701DPPBF. Your request for a classification ruling should include the following:

1. Please use your company’s letterhead when responding to this request for information.

2. In the imported condition are the boots and the upper part of the waders shipped as a finished product (a complete and functioning wader) or are they imported packed together in the same shipment, ready for assembly by a simple cementing process into a finished boot bottom “chest wader”?

3. Please provide the correct boot specification sheet for the wader. The sheet you have provided lists specifications for Item # CC9332A “LUG BOOT” and not Item # 0701DPPBF.

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.

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 William Raftery at 646-733-3047 or (**) National Import Specialist Richard Foley at 646-733-3042.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: