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NY 876642




AUGUST 3, 1992

CLA-2-62:S:N:N3:357 876642

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.1500; 6203.43.2005

Mr. Sumner B. Cohen
Wells Lamont Apparel Division
7525 North Oak Park Ave.
Niles, Illinois 60648-3819

RE: The tariff classification of a men's ski bib overall from Thailand

Dear Mr. Cohen:

In your letter dated July 20, 1992, you requested a classification ruling. A sample was submitted and is being returned.

The item in question, style A61M, has a shell and lining of 100% woven nylon and is insulated with a nonwoven polyester material. Other features include hidden storm cuffs, a single zippered pocket in the left front near the waist, above which is a metal ring with a "Hot Music" logo in raised lettering, knit inserts in the side seams, a zipper in the front extending to the top of the bib and adjustable elasticized straps over the shoulders.

Examination of the sample indicates that the front rise of the bib provides substantial coverage of the chest, distinguishing this item from article A61 which was ruled in Pre- entry Classification Ruling 871354 to be classifiable as trousers. This difference has been confirmed by comparing the two garments and their specification sheets.

If this garment passes the water resistance test specified in HTS Chapter 62 Additional U.S. Note 2, then the applicable subheading for style A61M will be 6203.43.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for men's water resistant bib and brace overalls of synthetic fibers. The duty rate will be 7.6% ad valorem.

If this garment does not pass the water resistance test, then the applicable subheading for style A61M will be 6203.43.2005, HTS, which provides for other men's bib and brace overalls of synthetic fibers, insulated, for cold weather protection. The duty rate will be 17% ad valorem.

This merchandise falls within textile category designation 659. Based upon international textile trade agreements products of Thailand are subject to quota restraints and the requirement of a visa.

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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