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NY M86234

September 20, 2006

CLA-2-62:RR:NC:WA:357 M86234


TARIFF NO.: 6210.40.5040

Ms. Joan Basta
Micra Company
167-14 146th Road
Jamaica, New York 11434

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

Dear Ms. Basta:

In your letter dated August 25, 2006, on behalf of Ronstan International, you requested a classification ruling.

The sample submitted, style number CL152YS, is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven 100% nylon fabric which has a visible waterproof breathable polyurethane coating on the inner surface. The garment is lined with a woven 100% nylon fabric in the body and in the upper portion of the leg and with a knit mesh 100% polyester fabric in the lower portion of the leg area.

The bib-and-brace overall is a one-piece garment with a front bib which extends more than 6-inches above the natural waistline, significantly covering the chest area. The garment has sewn-on elasticized suspenders with plastic buckles, a rear bib, a zippered front opening with a gusset insert that is covered by an overlapping flap with three hook and loop fasteners, an elasticized rear waistband with an adjustable tab on each side that is secured by a plastic buckle and a hook and loop fastener, two double entry front pockets below the waist that are secured by a flap with hook and loop fasteners, a pocket on the right leg that is also secured by a flap with a hook and loop fastener and long legs with capping fabric at the bottom edge and a tab with a hook and loop fastener at the ankle area. The garment has reinforcement in the knee area and in the rear seat. The “Ronstan” tradename is featured on the suspenders and on the left front pocket.

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: 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 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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