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NY I80019




April 17, 2002

CLA-2-62:RR:NC:WA:357 I80019

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, Colorado 80301

RE: The tariff classification of a man’s pair of bib-and-brace overalls from Thailand

Dear Ms. Nichols:

In your letter dated March 29, 2002, you requested a classification ruling.

The sample submitted, style number 1306 “Coach Bib Shell”, is a man’s pair of bib-and-brace overalls constructed of a shell composed of a dobby weave 100% nylon fabric that has a visible waterproof breathable polyurethane coating on the inner surface and a fluorocarbon finish applied to the outer surface. The garment is fully lined with a woven web embossed 100% nylon taffeta fabric and has 2-way 100% nylon fabric stretch panel inserts for extra range of motion. The garment will be used for winter sports, primarily skiing and snowboarding.

The garment has a front bib that extends more than 6-inches above the natural waistline. The front bib features elasticized suspenders that are secured to the bib by plastic buckles, a handwarmer pocket that is secured by a zipper closure on each side and a zippered pocket in the center of the bib that has a mesh insert. The garment features two full side seam double pull zipper openings, an elasticized rear waist, two front pockets with zipper closures below the waist, a key holder clasp in the right front pocket, 100% nylon oxford fabric overlays on the thigh area that have a polyurethane coating on the inner surface and a pocket on the right thigh that has a flap secured by two snaps and a hook and loop fastener. The garment also features articulated protective knee pads, a zippered pocket on the left shin, scuff guards on the lower portion of each leg and inner snow cuffs with gripper elastic, a hook and loop fastener and a snap closure. The “Spyder” tradename and logo is featured on various areas of the garment.

The sample is being returned to you.

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, mad 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 bib-and-brace overalls fall within textile category designation 659. Based upon international textile trade agreements products of Thailand 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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