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NY G88758




June 28, 2001

CLA-2-61:RR:NC:WA:357 G88758

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065

Ms. Dana L. Bounds
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a man’s pair of bib-and-brace overalls from the Philippines; Visibly Coated

Dear Ms. Bounds:

In your letter dated July 24, 2001, on behalf of Key Industries, you requested a classification ruling.

The sample submitted, style number 23021.94, is a man’s pair of bib-and-brace overalls. Examination of the garment indicates that the overalls are constructed of a shell composed of a warp knit brushed camouflage print 100% polyester fabric which has a visible plastic polyurethane laminated coating on the inner surface. The garment is lined with a woven man-made fiber fabric that is quilted to a nonwoven batting insulation.

Our response to your inquiry has been delayed due to the analysis that was performed by the Customs laboratory.

The bib-and-brace overalls have a front bib that extends more than six inches above the natural waistline, significantly covering the chest area. The bib-and-brace overalls also have a front opening with a double pull zipper closure that extends to the top of the front bib, an overlapping storm flap with two snaps that covers the zipper area, two chest pockets with zipper closures on the front bib, a textile label below the left chest pocket which has the “Wolf Mountain” logo, and sewn-on elasticized suspenders that are secured to the front bib by plastic buckles. The garment has two front pockets with side openings below the waist that are covered by an overlay of fabric, two rear pockets with flaps and two full side openings along the length of the outer seams that are secured by a zipper closure. A double storm flap with seven snaps covers the side zippers.

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

The applicable subheading for the bib-and-brace overalls 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: men’s or boys’ overalls and coveralls: other. The duty rate will be 7.2 percent ad valorem.

The bib-and-brace overalls fall within textile category designation 659. Based upon international textile trade agreements products of 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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