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NY J85733





July 9, 2003

CLA-2-62:RR:NC:WA:357 J85733

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040; 6505.90.8090

Mr. Mark Johnson
McClary, Swift & Co. - Blaine, Inc.
P.O. Box 370
Blaine, WA 98231

RE: The tariff classification of two men’s jackets, two pairs of men’s bib-and-brace overalls and a hood from China

Dear Mr. Johnson:

In your letter dated May 28, 2003, on behalf of Bejing Trade LLC, you requested a classification ruling.

Five samples were submitted as follows: Style number J22107 is a man’s thigh-length jacket constructed of a shell composed of a woven 100% nylon fabric that is visibly coated on the outer surface with polyurethene. The jacket has an integral hood with a drawcord tightening, a full front opening secured by a left-over-right four snap closure, long hemmed sleeves and a straight cut hemmed bottom.

Style number J22007 is a man’s thigh-length jacket constructed of a shell composed of a woven 100% nylon fabric that is visibly coated on the outer surface with polyurethane. The jacket has a stand-up collar that features the bottom half of four snaps surrounding the neck area which can be used for the attachment of a hood, a full front opening secured by a left-over-right four-snap closure, long hemmed sleeves and a straight cut hemmed bottom.

Style number O22007 is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven 100% nylon fabric that is visibly coated on the outer surface with polyurethane. The bib-and-brace overall has a front bib that extends more than six inches above the natural waistline, elasticized suspenders with plastic buckles that are worn over the shoulders and attached to the front bib by two buttons and long hemmed trouser legs.

Style number O22107 is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven 100% nylon fabric that has a visible polyurethane coating on the outer surface. The garment has a front bib that extends more than six inches above the natural waistline, elasticized suspenders with plastic buckles that are worn over the shoulders and attached to the front bib by two buttons, a fly front opening secured by a one-snap closure and long hemmed trouser legs.

Style number H22107 is a hood constructed of a shell composed of a woven 100% nylon fabric that has a visible polyurethane coating on the outer surface. The hood has a drawcord tightening and features the top half of four snaps surrounding the neck area. The top half portions of snaps are used to attach the hood to a garment.

The samples are being returned to you.

Although you suggested classification for style numbers J22107, J22007, O22007 and O22107 under HTS 6210.40.3000, the coating on each garment does not completely obscure the underlying nylon fabric.

You also suggested classification for style number H22107 under HTS 6506.99.0000 as other headgear of other materials. The hood is constructed of woven nylon fabric coated with polyurethane, which is considered a fabric of heading 5903.

You indicate in your letter that these articles will also be imported in two other colors under different style numbers. Because different constructions and finishes may affect whether a coating is visible, we can only provide a ruling on the samples submitted.

The applicable subheading for style numbers J22107 and J22007 will be 6210.40.5020, 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 anoraks, windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style numbers O22007 and O22107 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 boy’s garments: of man-made fibers: other overalls and coveralls. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style number H22107 will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece, whether or not lined or trimmed: other: other: not in part of braid: other: other: other. The duty rate will be 19¢/kg + 6.9 percent ad valorem.

Style numbers J22107 and J22007 fall within textile category designation 634. Style numbers O22007, O22107 and H22107 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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