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June 11, 1999

CLA-2-62:RR:NC:WA:357 E83149

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Mr. Nicholas Barran
Okepela Harbor Services Ltd.
17046 Parthenia
Northridge, CA 91325-3216

RE: The tariff classification of a man’s pair of overalls from China

Dear Mr. Barran:

In your letter dated May 7, 1999, you requested a classification ruling.

The sample submitted, style number 73603, “Dusky”, is a man’s pair of overalls constructed of an outershell composed of a woven 100% nylon fabric which has a visible polyvinyl chloride (PVC) coating on the inner surface. The garment is lined with a woven nylon fabric and has a 5-inch mesh fabric insert at the bottom of each trouser leg. The garment has a front opening with a flange insert. A zipper closure and an overlapping flap with a “VELCRO” -type fastener secure the opening. The garment has a front bib that extends above the natural waistline and significantly covers the chest area. On the left portion of the bib there is a plastic patch featuring the “J Jeantex” tradename and the logo “International Yachting Wear since 1960”. The garment has a left thigh pocket secured by a flap with a “VELCRO”-type fastener, an inner drawcord tightening at the waist, elasticized suspenders which feature the “J Jeantex” tradename, and a tab with a “VELCRO”-type fastener at the bottom of each trouser leg. There is a reflective strip on the front placket and on the tab at the bottom of each leg.

The sample is being returned to you.

The applicable subheading for the overalls 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 overalls fall 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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