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NY G80173




August 21, 2000

CLA-2-62:RR:NC:WA:357 G80173

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Mr. David Ahn
ADG International Marketing
1001 S. Havana Street #428
Aurora, CO 80012

RE: The tariff classification of a man's stocking foot chest wader from Taiwan;

Dear Mr. Ahn:

In your letter dated July 24, 2000, you requested a classification ruling.

The sample submitted, style number ATE2, is a man's one-piece stocking foot wader that extends to the chest area. In a phone conversation you indicated that the garment has a shell that is composed of one layer of a woven 100% nylon fabric on the outer surface and one layer of a knit mesh 100% nylon fabric on the inner surface with a polyurethane membrane in between. The polyurethane membrane is visible through the knit mesh nylon fabric.

The top of the wader is shorter and cut straight across on the front panel and is slightly longer and cut rounded on the back panel. The top of the wader also has a drawcord tightening with a plastic cord stopper and a pocket with a zipper closure on the inner portion of the chest area. The chest wader has elasticized suspenders with two shoulder harnesses. The suspenders are secured to the garment by plastic buckles on the front panel and by "VELCRO"-type fasteners on the back panel. The wader also has two adjustable textile straps with plastic buckles at the waist, is reinforced at the knees and has a neoprene stocking foot with a gravel guard at the bottom of each trouser leg. The neoprene stocking foot is cemented to the garment at the ankles. The gravel guards are worn over the top of boots to prevent gravel from entering the boot top.

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

The applicable subheading for the chest wader 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 7.3 percent ad valorem.

The chest wader falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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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