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NY 848653

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CLA-2-62:S:N:N3I:357 848653

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6204.63.1200; 6204.63.1505; 6203.43.3500; 6203.43.4010

Mr. Jack D. Mlawski
Galvin, Haroian & Mlawski
425 Park Avenue, 29th Floor
New York, N.Y. 10022

RE: The tariff classification of a woman's pair of bib overalls and a man's pair of bib pants from China.

Dear Mr. Mlawski:

In your letter dated January 9, 1990, on behalf of your client Herman's Sporting Goods, Inc., you requested a tariff classification ruling.

Two samples have been submitted, as follows: Style number GB- 2308LP is a woman's pair of bib overalls and style number GB-1419MP is a man's pair of low-rise bib pants. Both garments are constructed of a woven 100% nylon fabric shell, a 100% nylon fabric lining and a 100% polyester filler. Both garments are stated to be coated with plastic which renders them water resistant.

The coating on each garment is not separately visible, therefore HTS 6210 does not apply.

Style GB-2308LP has a front zipper opening. A self-fabric adjustable belt with a plastic buckle is attached to the garment by belt loops. Prym snaps used for adjustment of the bib overalls are located on each strap extension at the shoulders. The ankle cuffs are elasticized.

Style GB-1419MP features a front zipper opening. The garment's front bib is insufficient for the garment to be considered overalls. The bib pants have two adjustable self-fabric elasticized suspenders which fasten by metal buckles, a zippered pocket on the right knee, knit inserts at the waist and inner storm cuffs at the ankle.  If style GB-2308LP passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6204.63.1200, which provides for other women's bib overalls, of synthetic fibers, water resistant. The rate of duty will be 7.6 percent ad valorem.

If style GB-2308LP does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.1505, which provides for other bib overalls, of synthetic fibers, insulated for cold weather protection. The rate of duty will be 17 percent ad valorem.

If style GB-1419MP passes the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's water resistant trousers, of synthetic fibers. The rate of duty will be 7.6 percent ad valorem.

If style GB-1419MP does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers, of synthetic fibers. The rate of duty will be 29.7 percent ad valorem.

Style number GB-2308LP falls within textile category designation 659. Style number GB-1419MP falls within textile category designation 647. Based upon international textile trade agreements, products of China are subject to quota restraints and a visa requirement.

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. 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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See also:

• Tariff No.: 6203.43.35 - Men's or boys' trousers and breeches, not knitted or crocheted, of synthetic fibers, nesoi, water resistant
• Tariff No.: 6203.43.40 - Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt down etc, cont under 36% wt wool, n/water resist, not k/c
• Tariff No.: 6204.63.12 - Women's or girls' bib & brace overalls, not knit or crocheted, of syn. fibers, water resistant, not cont. 15% or more by wt. of down, etc
• Tariff No.: 6204.63.15 - Women's or girls' bib & brace overalls of synthetic fibers, not knitted or crocheted, not cont. 15% or more by weight of down, etc, nesoi