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NY K87764




July 16, 2004
CLA-2-62:RR:NC:WA:357 K87764

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040

Ms. Maynonne Ford
Direct Source Marketing
4061 N. Main Street
Racine, WI 53402

RE: The tariff classification of a rainsuit from China

Dear Ms. Ford:

In your letter dated July 8, 2004, you requested a classification ruling.

The sample submitted, style number MB-02/03, is a two-piece rainsuit which consists of a jacket, style name “Medallion Jacket”, and a pair of overalls, style name “Medallion Overall”. The jacket and the overalls are constructed of a woven 100% nylon fabric which is visibly coated on the outer surface with a pigmented polyurethane. The polyurethane coating does not completely obscure the underlying nylon fabric.

The jacket extends below the hips in length and has a full front opening secured by a left-over-right, six snap closure. The jacket has long hemmed sleeves with elasticized cuffs, additional elasticized inner storm cuffs, a detachable hood with a drawcord tightening that is held to the jacket by four snaps, a stand-up collar and a straight cut hemmed bottom.

The overall is a one-piece garment that has a front bib which extends more than 6-inches above the natural waistline, significantly covering the chest area. The overalls feature adjustable elasticized suspenders that are sewn onto the rear portion of the garment and are secured to the front bib by a metal buckle that fastens over a button closure. The garment has long hemmed trousers legs with additional fabric at the knee area and a snap closure at the ankle.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket 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 boy’s garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the overalls 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 7.1 percent ad valorem.

The jacket falls within textile category designation 634. The overalls 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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