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A84971

July 9,1996

CLA-2-62:CO:CH:DGD IO5 A84971

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.1500, 6203.43.2010

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Ave
New York, NY 10167-0002

RE: The tariff classification of a men's, nylon bib overall from China

Dear Mr. Evan:

In your letter dated June 18, 1996 you requested a tariff classification ruling on behalf of your client, Tommy Hilfiger U.S.A., Inc. Your sample will be returned as you requested.

The submitted sample, style 0500414 which you refer to as "Ollie Overall", is manufactured for men with a shell of 100% nylon woven fabric which is coated with 600 mm of polyurethane. The garment is lined with a polyester mesh fabric from the bib to twelve inches above the bottom. The lower portion of each leg is lined with a woven nylon "snow cuff" which is secured by a snap and velcro closure and is elasticized at the bottom which extends five inches below the end of the pant leg. The overall features a front bib with a nine and a half inch rise above the waistline, a tapered back bib, two elasticized suspenders with adjustable plastic buckles attached to the bib, two side zipper and velcro closures, a concealed zipper fly, and a zipper and adjustable velcro closures at the hemmed bottom. There are four zipper pockets on the overalls--one on the bib; two on the front below the waist; and one on the back. Appliques or zipper pulls with the Tommy Hilfiger name are attached to the garment.

The applicable subheading for the bib overalls, if it passes the water resistance requirements indicated in additional U.S. Note 2 to Chapter 62 HTS, will be 6203.43.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: bib and brace overalls: water resistant. The rate of duty will be 7.5%.

If the overalls do not meet the water resistance requirements, the applicable subheading will be 6203.43.2010, Harmonized Tariff Schedule of the United States (HTS) which provides for trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: bib and brace overalls: other: other: men's. The duty rate will be 16.6%.

Style 0500414 falls within textile category designation 659. Based upon international textile trade agreements, products of China are subject to quota 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Richard Roster
Port Director

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