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NY 859228


JAN 11 1991

CLA-2-62:S:N:N3I:357 859228

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1040

Ms. Erin Yeary
Daniel B. Hastings, Inc. d/b/a Jovita Perez
P.O. Box 673
Laredo, Texas 78042

RE: The tariff classification of a unisex coverall from Mexico

Dear Ms. Yeary:

In your letter dated December 19, 1990, on behalf of Neese Industries, Inc., you requested a classification ruling.

The sample submitted, style number DR275, is a unisex coverall. The coverall is constructed of a nylon fabric visibly coated on the inner surface with PVC. The coating has been embossed to create the effect of a weave pattern.

The coverall features a front zipper opening and an overlapping flap secured by a "VELCRO"-type fastener covering the zipper area. "VELCRO"-type fasteners are also on the garment's collar, sleeve cuffs, ankle cuffs and side openings located below the waist. The side openings are hidden by a flap and can be used for access into the inner garments. There is a right chest pocket, a partially elasticized waistband and elasticized stir- rups on the bottom of the ankle cuffs. The trade name "Dry Rider" is printed on the left chest. The inner portion of the garment's collar is composed of a corduroy fabric. The corduroy fabric does not exclude the garment from being classified under 6210 HTS.

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 coveralls will be 6210.50.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments, of man-made fibers, other, overalls and coveralls. The duty rate will be 7.6 percent ad valorem.

You indicate that the submitted sample may be assembled from fabricated U.S. components in Mexico. If this article meets the requirement set forth under the provision of Sections 10.11-10.24 of the Customs Regulations, it would be eligible for partial duty relief under subheading 9802.00.80 HTS.

The coveralls fall within textile category designation 659. Based upon international textile trade agreements products of Mexico are not presently subject to quota restraints but a visa is required.

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. Since 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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