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NY I88684





December 13, 2002

CLA-2-62:RR:NC:WA:357 I88684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Ms. Shelley Moine
International Freight Systems
1200 South 192nd Street, Suite 100
Seattle, Washington 98148

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

Dear Ms. Moine:

In your letter dated November 20, 2002, on behalf of Whitewater Outdoors, Inc., you requested a classification ruling.

The sample submitted, style number DW-BU-1171Y, “Youth’s Delta Waterfowl Insulated Bib,” is a boy’s pair of bib and brace overalls that are constructed of a woven camouflage design 100% nylon taslon oxford fabric which has a visible polyurethane coating on the inner surface. The garment is lined with a woven 100% nylon fabric that is quilted to a nonwoven polyester batting insulation.

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 suspenders composed of a woven fabric in the front and elastic in the rear. The suspenders are secured on the front bib by plastic buckles. The garment has a front opening in the center portion of the bib that is secured by a double pull zipper closure. A double overlapping flap with three snaps covers the zipper area. A label featuring the “Whitewater Outdoors” logo is sewn onto the front flap. The garment also has a v-shaped ribbed-knit fabric insert on each side under the armhole, two zippered pockets at the waist that are covered by an overlay of fabric with a snap closure and a right rear pocket with a zipper and a flap closure. The bib and brace overall has long hemmed legs with a zipper opening at the bottom that is covered by a double flap with two snap closures. The “Delta Waterfowl” logo is embroidered onto the left thigh.

The sample is being returned to you.

You asked whether we could rule on the classification of merchandise made with a different design on the fabric. Because different constructions and finishes may affect whether a coating is visible, we can only provide a ruling on the sample submitted.

The applicable subheading for the bib and brace overall 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’ or boys’ garments: of man-made fibers: other overalls and coveralls. The duty rate will be 7.2 percent ad valorem. The duty rate will remain the same in 2003.

The bib and brace overalls fall within textile category designation 659. Based upon international textile trade agreements products of Bangladesh are neither presently subject to quota restraints nor 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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