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NY J89464




October 1, 2003

CLA-2-62:RR:NC:3:353 J89464

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Michael A. Roybal
Roybal Global
4060 Travis Street
Suite 14
Dallas, TX 75204

RE: The tariff classification of a Bib Apron from China.

Dear Mr. Roybal:

In your letter dated September 23, 2003, on behalf of Rooster Products International, Inc., you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, is an uni-sex Bib Tool Apron made of a 100% cotton woven fabric. The garment reaches to the thigh and features self-fabric capping around the outer edges of the garment forming the non-adjustable neck strap fastened by a metal tack. The fabric straps extend to the wearer’s hip where they loop through a metal grommet at each side of the apron. The straps are then tied in the back of the wearer at the waist area. The apron also has a front pocket on the bib and doubled tier pockets divided into 13 parts below the waist. The apron also features two nylon-webbed straps designed to hold hammers.

The Bib Tool Apron is most specifically classified as a protective garment and supplies sufficient coverage under the Explanatory Notes to 62.11 and 61.14. Therefore, it would not be classified under 6307.90.9889, as you suggested (see ruling NY I89943 and HQ 961969 - style 200).

The applicable subheading for the apron will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments, women’s or girls’: of cotton, other. The duty rate will be 8.2 percent ad valorem.

The apron falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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