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NY G80417




August 30, 2000

CLA-2-62:RR:NC:WA:357 G80417

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040

Ms. Lisa Zwaga
LaCrosse Rainfair Safety Products
3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of a man's jacket and a man's pair of bib and brace overalls from China, Taiwan and the Philippines

Dear Ms. Zwaga:

In your letter dated August 8, 2000, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

Two samples were submitted as follows: Style number IP-99-95J is a man's thigh-length jacket and style number IP-99-950 is a man's pair of bib and brace overalls. Both the jacket and the pair of bib and brace overalls are constructed of a shell that is composed of a woven 200 denier 100% nylon oxford fabric which has a visible heatsealable polyether (which is a form of polyurethane) coating on the outer surface. You indicate in your letter that the garments may be sold individually or as a set.

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

The jacket has a snap-off detachable hood with a drawcord tightening, a stand-up collar and a full front opening that is secured by a double storm flap closure. The inner storm flap is secured by three snap closures. The outer storm flap is secured by four left-over-right snap closures. The jacket has long sleeves with elasticized inner storm cuffs and a straight cut hemmed bottom.

The pair of bib and brace overalls has a front bib which extends more than six inches above the natural waistline. At the top of the bib there are two elasticized suspenders. The suspenders are secured on the front bib by a metal button and loop fastener. The garment is reinforced at the knees and has a snap closure at the bottom of each trouser leg.

The samples are being returned to you as you have requested.

The applicable subheading for the jacket will be 6210.40.5020, 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 anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for the pair of bib and brace 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 7.3 percent ad valorem.

The jacket falls within textile category designation 634. The bib and brace overall falls within textile category designation 659. Based upon international textile trade agreements products of China, Taiwan and the Philippines 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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