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NY B83667




April 15, 1997

CLA-2-62:RR:NC:WA:357 B83667

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Mr. Brian Wavra
Rainfair, Inc.
Box 1647
Racine, Wisconsin 53401

RE: The tariff classification of a man's bib-overall from China; Flocked; Storm Seal

Dear Mr. Wavra:

In your letter dated March 12, 1997, you requested a classification ruling.

The sample submitted, "Storm Seal Mossy Oak Convertible Bib-Overall," style number 97046, is a man's pair of bib-overalls. Examination of the sample and descriptive literature you provided indicates that the shell fabric is composed of a woven camouflage design man-made fiber flocked fabric. The garment consists of a woven 65% polyester/35% cotton fabric bonded to a polyurethane film described as a "Storm Seal Membrane" on the inner surface. The outer surface of the fabric has had an adhesive applied and then a nylon flock over it forms the outer surface. The literature also indicates that Teflon has been applied to the inner and outer surfaces although this is not apparent. The garment is lined with a woven 100% nylon fabric quilted to a non-woven polyester insulation.

The bib-overall has a front bib which extends over 6 inches above the natural waistline. There are adjustable straps with plastic buckles attached to the front bib. The garment's waistband is elasticized and features a drawcord tightening with a plastic cordlock. At the bottom of each trouser leg there is a zipper opening. On the lower rear portion of the left leg there is a slanted pocket with a zipper closure. The pocket is covered by an overlapping of fabric.

The sample is being returned to you as you have requested.

The applicable subheading for the bib-overall will be 6210.40.5040, 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: other, overalls and coveralls. The duty rate will be 7.4 percent ad valorem.

The bib-overall falls within textile category designation 659. Based upon international textile trade agreements products of China are presently 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. 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 Part 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. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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