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NY M83165

June 2, 2006

CLA-2-62:RR:NC:WA:357 M83165


TARIFF NO.: 6210.40.5040

Ms. Rachel Carpenter
High Sierra Sport Company
880 Corporate Woods Parkway
Vernon Hills, IL 60061

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

Dear Ms. Carpenter:

In your letter dated May 4, 2006, you requested a classification ruling.

The sample submitted, style number SM08 “Rain Suit,” consists of a man’s jacket and pair of bib-and-brace overalls. In your letter you indicate that the jacket portion of the rain suit has previously been classified in another ruling and that you are requesting a classification for the bib-and-brace overalls only.

The bib-and-brace overalls are constructed of a shell composed of a woven 210T ripstop 100% nylon fabric that has a 3000mm visible coating on the inner surface. The garment is lined with a woven 190T 100% polyester taffeta fabric. The one-piece bib-and-brace overalls have a front bib that extends more than six inches above the natural waistline, significantly covering the chest area. The garment has elasticized suspenders secured to the front bib by a hook and loop fastener, an elasticized rear waistband, two front pockets and a right rear pocket with zipper closures below the waist, a small pocket with a hook and loop fastener on the inner portion of the waist and long hemmed legs with a tab secured by a hook and loop fastener at the ankle area.

In your letter you suggested classification for this garment under HTS 6203.43.1500, which provides for men’s or boys’ water resistant bib-and-brace overalls. However, this garment is composed of a woven shell fabric with a visible coating on the inner surface.

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules of the United States, when goods are prima facie classifiable in both headings 6210 and in other headings in Chapter 62, excluding 6209, they are to be classified in heading 6210.

The applicable subheading for the bib-and-brace overalls will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTSUS), 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 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The bib-and-brace overalls fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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