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NY J87070




August 28, 2003

CLA-2-61:RR:NC:3:353 J87070

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025, 6113.00.9065, 6113.00.9084

Ms. Lisa Zwaga
LaCrosse Footwear, Inc.
DBA LaCrosse Rainfair Safety Products
18550 NE Riverside Parkway
Portland, OR 97230

RE: The tariff classification of protective garments from Canada, Colombia, Mexico or China.

Dear Ms. Zwaga:

In your letter dated August 5, 2003, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Green Acid garments, Styles LF3W07, LF3W09, LF3W10 and LF3W11. All the garments are constructed of flame resistant compact PVC coated knit polyester fabric. They are sized for men and used as protective clothing in the food processing, refining and chemical industries. Style LF3W07 Green Acid Jacket with Detachable Hood features a stand up 5-snap collar, hood with drawcord and 5 snaps, raglan sleeves, welded seams, left over right full front 4-snap closure, and inner and outer storm flaps. Style LF3W09 Green Acid Plain Front Overalls are bib-style and feature attached elastic suspenders, welded seams and a reinforced crotch. Style LF3W10 Green Acid Smock features batwing sleeves, welded seams and a 2-piece rear hook and loop closure. Style LF3W1 Green Acid Apron is bib-style and features metal grommets, an adjustable self-fabric neck strap and woven fabric waist ties.

The applicable subheading for the Style LF3W07 Green Acid Jacket with Detachable Hood will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Coats and jackets: Other: Men’s or boys’.” The general duty rate will be 7.2% ad valorem. The textile category designation is 634.

The applicable subheading for the Style LF3W09 Green Acid Plain Front Overall will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Overalls and Coveralls: Other: Men’s or boys’.” Th general duty rate will be 7.2% ad valorem. The textile category designation is 659.

The applicable subheading for the Styles LF3W10 Green Acid Smock and LF3W1 Green Acid Apron will be 6113.00.9084, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Other: Other: Men's or boys'.” The general duty rate will be 7.2% ad valorem. The textile category designation is 659.

The Style LF3W07 Green Acid Jacket with Detachable Hood falls within textile category designation 634; Styles LF3W09 Green Acid Plain Front Overall, LF3W10 Green Acid Smock and LF3W1 Green Acid Apron 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. Products of Colombia are not subject to quota, but are subject to the requirement of a visa. Products of Canada and Mexico are not subject to quota or 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.

In addition, you requested “comment on the application of duty if the material is exported from the US to these countries, cut, sewn and otherwise manufactured there and imported back to the US versus products made entirely within the other country.” Your inquiry does not provide enough information for us to give a ruling. If your question is regarding valuation, the value of any parts or components, even if provided free of charge, must be included in the entered value of the merchandise. If you are asking about duty allowances under Chapter 98, you must be specific about the subheading you are for which you are requesting an eligibility ruling. If you are requesting a ruling regarding status under the NAFTA , you must make that clear. In any instance, you must supply enough detailed information regarding the transaction, from beginning to end, for this office to make an informed decision. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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