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NY C88661




July 1, 1998

CLA-2-62-NO:TC:I06 C88661

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.1500, 6203.43.2005

Mr. James I. Salach
The Gymboree Corporation
700 Airport Boulevard Suite 200
Burlingame, California 94010-1912

RE: The tariff classification of a boys' woven bib and brace overall from Thailand

Dear Mr. Salach:

In your letter dated June 1, 1998, you requested a tariff classification ruling.

The submitted sample, Style #443-00432, is a boys' bib and brace overall having an outershell composed of 100% nylon woven fabric coated with polyurethane, per your letter. The garment also features a non-woven polyester insulation and a lining composed of 100% nylon woven fabric. Other features include a front bib having an expandable pocket with a zipper closure; a rear bib; elasticized, adjustable straps crossing the shoulders; side entry hip pockets; full side seam openings with zipper and tab closures; and ankle length. Per your request, your sample is returned herewith.

If the garment passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, Additional U.S. Note 2, then the applicable subheading for the bib and brace overall will be 6203.43.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): 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 percent ad valorem.

If the bib and brace overall does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.2005, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: insulated, for cold weather protection. The rate of duty will be 16.2 percent ad valorem.

The bib and brace overall falls within textile category designation 659. Based upon international textile trade agreements, products of Thailand 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 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.

Sincerely,

Allen H. Paterson
Port Director

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