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NY K80729

December 4, 2003
CLA-2-62:RR:NC:WA:357 K80729


TARIFF NO.: 6210.50.5040

Ms. Maynonne Ford
Direct Source Marketing
1324 West Blvd.
Racine, WI 53405

RE: The tariff classification of a unisex pair of bib-and-brace overalls from China

Dear Ms. Ford:

In your letters dated October 13, 2003, and November 15, 2003, you requested a classification ruling.

The sample submitted is a unisex pair of bib-and-brace overalls constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface.

The bib-and-brace overall is a one-piece garment that has a front bib which extends more than 6-inches above the natural waistline, significantly covering the chest area. The garment features elasticized suspenders that are sewn onto the rear portion of the overalls and secured to the front bib by a plastic buckle that fastens over a button closure. The garment has a fly front opening with a one-snap closure and long hemmed trouser legs. There is a reflective strip surrounding the lower portion of each trouser leg.

If the garment is sold to both males and females and cannot be identified as exclusively men’s, then the applicable classification for the garment will be in the HTS subheading covering women’s garments.

The applicable subheading for the bib-and-brace overall will be 6210.50.5040, 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 women’s or girls’ garments: of man-made fibers: other: overalls and coveralls. The duty rate will be 7.2 percent ad valorem. The duty rate for 2004 will be 7.1 percent ad valorem.

The bib-and-brace overalls fall 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 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.

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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