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NY H83060





July 27, 2001

CLA-2-62:RR:NC:WA:357 H83060

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.20.5000; 6210.40.5020; 6210.40.5030; 6210.40.5040

Ms. Betsy Burger
Magid Glove and Safety Manufacturing Co., LLC 2060 North Kolmar Ave
Chicago, IL 60639-3483

RE: The tariff classification of a man’s raincoat, a man’s rain jacket, two pairs of men’s rain pants and a man’s pair of rain bib-and-brace overalls from China

Dear Ms. Burger:

In your letter dated June 28, 2001, you requested a classification ruling.

Five “Protective Rainwear” garments were submitted as follows: Style number R367 is a man’s raincoat, style number HJ367 is a man’s jacket, style numbers WP367 and DP367 are two pairs of men’s rain pants and style number P367 is a man’s pair of rain bib-and-brace overalls. Each garment is constructed of a woven 200 denier 100% nylon oxford fabric that has a visible polyurethane coating on the inner surface.

Style number R367 is a full-length raincoat that has a stand-up collar which is composed of a corduroy fabric on the inner surface, a full front opening that is secured by a storm flap with five left-over-right snap closures, two front pockets below the waist that have flaps with a one-snap closure, long hemmed sleeves with a one-snap closure at the wrists and a straight cut hemmed bottom. The raincoat is lined in the rear yoke with a mesh fabric and has a free hanging cape back for ventilation, which covers the mesh lining.

Style HJ367 is a thigh-length jacket that has an integral hood with a drawcord tightening, a full front opening that is secured by a storm flap with four left-over-right snap closures, two front pockets below the waist that have flaps with a one-snap closure, long hemmed sleeves with a one-snap closure at the wrists and a straight cut hemmed bottom. The jacket is lined in the rear yoke with a mesh fabric and has a free hanging cape back for ventilation, which covers the mesh lining. In your letter you indicate that when imported some of the jackets will have a customer name logo on the back.

Style numbers WP367 and DP367 are two pairs of men’s pull-on style trousers which have no opening at the waist. Style WP367 has an elasticized waistband, a fly front opening with a one-snap closure and long hemmed trouser legs with a one-snap closure at the ankles. Style DP367 has a drawcord tightening at the waist, a fly front opening with a one-snap closure and long hemmed trouser legs with a one-snap closure at the ankles.

Style number P367 is a pair of bib-and-brace overalls which has a front bib that extends more than six inches above the natural waistline, significantly covering the chest area. The garment has sewn-on elasticized suspenders that are secured to the front bib by plastic buckles, a fly front opening that is secured by a one-snap closure and long hemmed trouser legs that have a one-snap closure at the ankles. In your letter you indicate that when imported some of the bib-and-brace overalls will have reflective striping on the bottom of each trouser leg.

The samples are being returned to you.

The applicable subheading for the raincoat will be 6210.20.5000, 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 garments, of the type described in subheadings 6201.11 to 6201.19: of man-made fibers: other. The duty rate will be 7.2 percent ad valorem.

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 7.2 percent ad valorem.

The applicable subheading for each pair of trousers will be 6210.40.5030, 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 trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the 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 7.2 percent ad valorem.

The raincoat and the jacket fall within textile category designation 634. Each pair of trousers falls within textile category 647. The pair of bib-and-brace overalls falls within textile category 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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