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NY J87086




August 28, 2003

CLA-2-61:RR:NC:3:353 J87086

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040, 6210.10.9010

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 6, 2003, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Flame Tech garments, Styles LF3W06 and LF3W08. Both garments are constructed of flame and arc resistant compact PVC coated Nomex® nonwoven fabric. They are sized for men and used as protective clothing in the electrical power/transmission/utility industry. Style LF3W06 Flame Tech Jacket with Attached Hood features a hood with drawstring, raglan sleeves, welded seams, a cape-back, reflective tape on front, back and sleeves, left over right full front 4-snap closure with inner storm flap and two pockets with a snap closure. Style LF3W08 Flame Tech Plain Front Overall is bib-style and feature attached adjustable elastic suspenders, welded seam, a reinforced crotch and reflective tape near the ankles.

The applicable subheading for the Style LF3W06 Flame Tech Jacket with Attached Hood will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of 5602, 5603, 5903, 5906 or 5907: of fabrics of heading 5602 or 5603: Other: Other: Other, Other.” The general duty rate will be 16.1% ad valorem. The textile category designation is 659.

The applicable subheading for the Style LF3W08 Flame Tech Plain Front Overall will be 6210.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Overalls and coveralls.” Th general duty rate will be 16.1% ad valorem. The textile category designation is 659.

The Styles LF3W06 Flame Tech Jacket with Attached Hood and LF3W08 Flame Tech Plain Front Overall 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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