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HQ 088422


March 25, 1991

CLA-2 CO:R:C:T 088422jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.2010

Ms. Michelle Chiou
Apollo Overseas International Corp.
901-G S. Greenwood Ave.
Montebello, California 90640

RE: Classification of bib and brace overalls

Dear Ms. Chiou:

You Requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a pair of men's cotton overalls imported from Taiwan. You submitted a sample along with your request.

FACTS:

The sample in question, Style No. 909, is a pair of woven 100 percent cotton blue denim overalls. It has a front bib with a horizontal pocket with two separate segments. The top of the bib is U-shaped. The rear bib is composed of two panels pieced together. It has adjustable straps which connect to the front bib by means of metal hooks. It has two rear pockets and a fly front with a zipper closure.

The sample has two diagonal side pockets and a horizontal pocket on the right leg. It has an opening alongside each diagonal pocket which is secured by three metal buttons. One button on each side attaches to the front bib portion of the garment. The garment has a defined waist encircled by belt loops.

ISSUE:

Is the instant pair of overalls classified as bib and brace overalls?

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is determined by the terms of the headings and any relative section or chapter notes.

Heading 6203 covers men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear). If the instant overalls are bib and brace overalls, they are classified in Heading 6203 by virtue of GRI 1.

The Explanatory Notes are the official interpretation of the tariff at the international level. The Explanatory Note for Heading 6203 states that "The provisions of the Explanatory Note to Heading 61.03 apply, mutatis mutandis, to the articles of this heading."

The Explanatory Note for Heading 6103 states that:

For the purposes of this heading:

(E) "Bib and brace overalls" means garments of the type illustrated below in figures 1 to 5 and similar garments which do not cover the knee.

The five garments illustrated are quite similar to the instant sample. They are all overalls with a bib in front and with straps extending over the shoulders of the wearer. The instant garment is designed and constructed as overalls. The fact that its bib has a U-shaped top and that the rear bib is constructed from two pieces does not preclude its classification as bib and brace overalls.

HOLDING:

The instant garment is classified under the provision for men's or boys' bib and brace overalls: trousers, bib and brace overalls, breeches and shorts: of cotton: other: bib and brace overalls: other: men's, in subheading 6203.42.2010, HTSUSA, dutiable at the rate of 11 percent ad valorem. Textile category 359 applies to this subheading.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Inasmuch as part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U. S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director
Commercial Rulings Division

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