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NY E86880




September 24, 1999

CLA-2-61:RR:NC:WA:357 E86880

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065

Ms. Pattie Zimmerman
Charles M. Schayer & Co.
15210 32nd Avenue South Ste D
Seattle, WA 98188

RE: The tariff classification of a man’s pair of bib and brace overalls and a carry bag from China

Dear Ms. Zimmerman:

In your letter dated August 20, 1999, on behalf of Cabela’s, Inc., you requested a classification ruling.

The sample submitted, set number 94-0736, “Packable Rainwear Bib in a bag”, is a man’s pair of bib and brace overalls constructed of a shell composed of a knit 100% polyester tricot fabric which has a visible camouflage print polyurethane sheet on the outer surface.

The polyurethane coating does not completely obscure the underlying polyester fabric.

The pair of bib and brace overalls has a front opening that is secured by a fly front double pull zipper closure and two snap closures along the length of the bib. The front bib extends above the natural waistline, significantly covering the chest area. The garment has elasticized suspenders that criss-cross on the back and are secured to the front bib by plastic buckles. The “Cabela’s” logo is printed on the left portion of the front bib. The garment has a tab on each side seam that is secured by a “VELCRO”-type fastener. On the bottom of each leg there is a snap closure at the ankle.

Imported with the bib and brace overall is a carry bag composed of the same fabric construction, color and print design as the bib and brace overall. The bag measures approximately 11-1/2 inches wide by 8 inches long and has a 2-1/4 inch self-fabric insert between the front and back panels. The insert surrounds the edges of the front and back panels giving the bag depth. The bag has an opening on the front secured by a zipper closure and a self-fabric loop on one side. The “Cabela’s” logo is printed on the front portion of the bag.

The Customs Service has previously ruled that bags of this type imported and sold with a packable outerwear garment are composite goods, with the essential character imparted by the garment. Such is the case with this combination. Consequently, the bag is not regarded as a separate item for duty or quota purposes.

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

The applicable subheading for the bib and brace overall will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other overalls and coveralls: other: men’s or boys’. The duty rate will be 7.4 percent ad valorem.

The bib and brace 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 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.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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