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NY J83187




May 2, 2003

CLA-2-62:RR:NC:WA:357 J83187

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Ms. Brigitte Letendre
Bombardier, Inc.
565 de la Montagne Street
Valcourt, Quebec, Canada J0E 2L0

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

Dear Ms. Letendre:

In your letter dated March 11, 2003, on behalf of Bombardier Motor Corp. of America, you requested a classification ruling.

The sample submitted, style number 441318 “Men’s X-Team Winter Highpants”, is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven 100% nylon oxford fabric that has a visible waterproof, windproof and breathable polyurethane coating on the inner surface. The bib-and-brace overall is lined with a woven 100% nylon fabric that is quilted to a 6 oz. Hollofil II insulation. The garment is designed and sold as a pair of “snowmobile highpants.”

The garment has a front and rear bib, elasticized suspenders with adjustable plastic buckles, a front opening that is secured by a zipper closure, and an overlapping flap that has a pull tab, two snaps and two hook and loop fasteners which covers the zipper area. The front bib extends more than six inches above the natural waistline, significantly covering the chest area. The bib-and-brace overall features a zippered pocket on the left chest, an adjustable tab with a hook and loop fastener on each side of the waist, an elasticized rear waist, long hemmed trousers legs with a full-length side-seam zipper opening along the outer length of each leg, an overlapping flap with six hook and loop fasteners that cover the zipper area, shaped knees and inner storm gaitors that have gripper elastic and are secured by a hook and loop fastener and a snap closure. The “Bombardier” tradename and “Ski-doo Team” logo is featured on various areas of the garment.

The sample is being returned to you.

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’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 India 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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