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NY 810883




June 19, 1995

CLA-2-62:S:N:N5:353 810883

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.3000

Ms. Judy Campbell
W.Y. Moberly, Inc.
#100, 9805 Horton Road S.W.
Calgary, Alberta T2V 2X5

RE: The tariff classification of "Flame Resistant Rainwear" from China.

Dear Ms. Campbell:

In your letter dated May 26, 1995, received in our office June 7, 1995, on behalf of Bulwark Protective Apparel Inc., you requested a tariff classification ruling.

The sample submitted "FR Rainwear" consists of bib top overalls, jacket and a detatchable hood. The suit is made from man-made fiber textile having an outer surface of PVC which completely obscures the underlying fabric. The overalls have long pants, a bib top and suspenders with plastic closures. The jacket is thigh length, has a full front opening with snaps, snap flap pockets, and cordoroy collar. The detatchable hood has plastic snap fasteners and a drawstring. The principal use in the United States would be the oil gas industry, utility companies and companies who supply industrial safety work clothing. The "FR Rainsuit" is manufactured in China, there are no additions, alterations or assemblies made in Canada.

The applicable subheading for the "FR Rainwear" will be 6210.40.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: Of man-made fibers: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric. The rate of duty will be 7.2 percent ad valorem.

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
New York Seaport

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