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NY I86608




October 31, 2002

CLA-2-64:RR:NC:TA:357 I86608

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.20; 6406.99.1540

Ms. Lydia Hua
Greenland Sales Corp.
2 Republic Street
Buffalo, NY 14204

RE: The tariff classification of outerwear and footwear from China

Dear Ms. Hua:

In your letter dated October 1, 2002, you requested a classification ruling. Samples were submitted and are being returned.

You describe the item “Puffy Feet” as “footwear (with rubberized sole material) protecting the feet/ankle areas from cold/wetness.” The item is a protective insulated overshoe with an outer sole of rubber/plastics and an upper of textile material. The shoe covers the wearer’s ankle and is secured by a hook & loop closure system.

The applicable subheading for “Puffy Feet” will be 6404.19.20 (HTS), which provides for footwear with outer soles of rubber/plastics and uppers of textile materials, designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather. The general rate of duty will be 37.5 percent ad valorem.

You describe the item “Gaiters” as a “leg/thigh protector (with plastic zipper) from damp/wetness.” You state that the item is 90 percent nylon and 10 percent polyurethane. The item is a mid-calf height gaiter made of textile material.

The applicable subheading for “Gaiters” will be 6406.99.1540 (HTS) which provides for parts of footwear, removable insoles, heel cushions and similar articles, gaiters, leggings and similar articles, other, of textile materials, of man-made fibers, other. The general rate of duty will be 15.3 percent ad valorem.

The gaiters fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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.

We are unable to issue a classification ruling for the jacket, trousers and padded, sleeveless jacket because we need additional information. Please submit cutting specifications for the garments to support your claim of unisex use. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 R. Foley at 646-733-3042 for the footwear, or W. Raftery 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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