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NY E87060




October 6, 1999

CLA-2-62:RR:NC:3:353 E87060

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050

Mr. Bill Julich
Delmar International Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of protective working pants from China.

Dear Mr. Julich:

In your letter dated September 1, 1999, on behalf of Westone, Inc., you requested a classification ruling. The sample submitted with the ruling request will be returned to you.

The submitted sample is called a man’s protective working pants and is composed of 100% woven nylon fabric that is visibly coated with rubber or plastic on the inner surface. The garment is lined and contains an inner shell of 100% woven polyester padding. The garment has an open back, extends from waist to ankles and is worn chaps style, protecting the front of the body. It features belts to secure the garment to the person consisting of an 1½ inch adjustable width fabric belt sewn onto the waist, and two 1 inch adjustable width fabric belts on each leg, one for the thigh and one for the calf.

The applicable subheading for the man’s protective working pants will be 6210.40.5050, 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: OtherOther.” The duty rate will be 7.4% ad valorem.

The man’s protective working pants fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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