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NY I86168




September 30, 2002

CLA-2-62:RR:NC:WA:357 I86168

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.1500; 6203.43.2005

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

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

Dear Ms. Young:

In your letter dated September 10, 2002, on behalf of Meijer Distribution, you requested a classification ruling.

The sample submitted, item number 801923, is a man’s pair of reversible bib and brace overalls. One shell of the garment is constructed of a “Mossy Oak” camouflage print design composed of a knit 100% polyester fabric with a visible polyurethane lamination on the inner surface. The other shell is constructed of a woven blaze orange 100% polyester fabric. The garment has a nonwoven batting insulation fill.

The bib and brace overall is a one-piece garment that has a front bib which extends more than six inches above the natural waistline, significantly covering the chest area. The bib features textile web suspenders that are secured to the front bib by plastic buckles, a slanted left chest pocket on each shell that has a zipper closure, and a front opening in the center portion of the bib that has a reversible zipper pull closure. The front zipper opening is covered on each shell by an overlapping flap with five snaps. The garment has long hemmed legs with side seam zipper openings along the outer length of each trouser leg. An overlapping flap with five snap closures on the camouflage print shell covers the side seam zippers. Each shell features two slanted front pockets with zipper closures at the waist, two front pockets secured by flaps with snap closures on the upper thigh area and a zippered pocket in the rear.

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

In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the knit polyester fabric nor the woven polyester fabric provides the essential character. Therefore, classification will be as woven based on the above.

This garment is eligible for classification as water resistant. If the bib and brace overalls pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.1500 which provides for other: men’s or boys’ bib and brace overalls: of synthetic fibers: water resistant. The duty rate will be 7.2 percent ad valorem.

If the bib and brace overalls do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.2005, which provides for other men's or boys’ bib and brace overalls: of synthetic fibers: insulated, for cold weather protection. The duty rate will be 15.3 percent ad valorem.

The bib and brace overalls fall within textile category designation 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.

In your letter you requested classification advice for this garment with waterproofing on both shells. We cannot issue you a classification of this garment with a fabric change without you submitting a sample for our examination.

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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