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NY N008667




April 19, 2007

CLA-2-62:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0081, 6211.32.0010, 6114.20.0055

Mr. Harry Katsaros
NIK and Associates
800 S Hindry Avenue, Unit A
Inglewood, CA 90301

RE: The tariff classification of clothing from India.

Dear Mr. Katsaros:

In your letter dated March 16, 2007, on behalf of Benchmark Clothing, you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted samples are Benchmark Styles 1004FR Shirt, 4009FR Coverall, 2006FR Pants and 3014FR Jacket.

Style 1004FR Shirt is constructed of woven cotton fabric. The shirt features a collar, left over right full front seven melamine button closure, roll up sleeves with an underarm gusset, two chest patch pockets with button closures and a pencil holder.

Style# 4009FR Coverall is constructed of woven cotton fabric. The coverall features a collar, long sleeves, left over right full front high tension 8-snap quick release closure, adjustable inseam, elasticized waist, back gussets, seven pockets and pass-thrus. You state that Styles 4011FR and 4014FR are the same coverall as Style 4009FR except that Style 4011FR features reflective tape and Style 4014FR is made of a lighter weight cotton fabric.

Style 2006FR Pants are constructed of woven cotton denim fabric. The pants feature seven belt loops, a zippered, fly front opening with a left over right melamine button closure at the waistband, two front and six rear pockets

Style 3014FR Jacket is constructed of knit cotton fabric. The jacket features a full front opening with a zipper closure, long sleeves with rib knit cuffs, self-fabric hood with a drawstring, pouch pockets below the waist and a rib knit bottom.

All of the garments are used primarily in the petrochemical and electrical power/generation industries as Personal Protection Equipment (PPE) garments. They minimize the extent of a burn injury and are not sold via catalogue or through a website. The garments are designed to perform to very specific industrial demands, are accurately matched to the wearer’s potential hazard threat, and go through a special proprietary process that makes them flame retardant. Because the garments are often soiled with chemicals, they are typically laundered by the employer to maintain their special properties. These garments are issued by employers to employees for use while near a potential work place threat. The garments are protective apparel worn solely on the job and have no practical application as street or casual wear.

The applicable subheading for the Styles 1004FR Shirt and 2006FR Pants will be 6211.32.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, men’s or boys’: Of cotton, Other.” The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for the Styles 4009FR, 4011FR and 4014FR Coveralls will be 6211.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, men’s or boys’: Of cotton, Coveralls, jumpsuits and similar apparel: Other: Men’s.” The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for the Style 3014FR Jacket will be 6114.20.0055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, knitted or crocheted: Of cotton, Other: Men’s or boys’.” The rate of duty will be 10.8 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/.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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