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NY L85851




July 15, 2005

CLA-2-62:RR:NC:WA:357 L85851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040

Ms. Margaret Morgenson
Direct Source Marketing, Inc.
4061 N. Main Street
Racine, WI 53402

RE: The tariff classification of a man’s rain jacket and a pair of overalls from China; Visibly Coated

Dear Ms Morgenson:

In your letter dated June 24, 2005, you requested a classification ruling.

Two samples were submitted as follows: Style number GR-05-14 A is a man’s upper thigh-length rain jacket constructed of a woven 100% polyester oxford fabric which has a waterproof/breathable visible polyurethane coating on the inner surface. The jacket is not lined. With the jacket you also submitted specification sheets for a man’s pair of rain bib-and-brace overalls, style number GR-05-14 B, but not a sample.

The jacket has a stand-up collar, an integral hood with a drawcord tightening and a full front opening that is secured by a zipper closure that extends to the top of the collar. The hood can be rolled up and stored within the collar by a hook and loop fastener. An overlapping storm flap with six snap closures covers the front zipper area. The jacket has long sleeves with elastic and a tab with a hook and loop fastener at the wrist area, two front patch pockets that are secured by flaps that have pull tabs and hook and loop fasteners located below the waist, and a drawcord tightening through the bottom hem. The jacket features 2-inch reflective strips on the upper and lower portions of the front and rear panels and on the upper and lower portion of each sleeve. The “Condor” logo and tradename is embroidered onto the lower portion of the left sleeve.

Style number GR-05-14 D is a man’s pair of rain bib-and-brace overalls constructed of a woven 100% polyester oxford fabric which has a waterproof/breathable visible polyurethane coating on the inner surface. The overalls are lined with a woven 190T 100% nylon taffeta fabric that is quilted in a diamond pattern to a nonwoven “Thinsulate” insulation. With the pair of bib-and-brace overalls you also submitted specification sheets for a man’s rain jacket, style number GR-05-14 C, but not a sample.

The bib-and-brace overalls are a one-piece garment with a front bib which extends more than six inches above the natural waistline, significantly covering the chest area. The overalls also have elasticized suspenders that are sewn to the rear portion of the garment and are secured to the front bib by plastic buckles, a fly front opening with a one-snap closure, an elasticized rear waist, two front pockets with pull tabs at the hip-area that are secured by hook and loop fasteners, and long hemmed trouser legs with self fabric knee patches and a snap closure at the ankle area for fit adjustment. The garment features two 2-inch reflective strips surrounding the lower portion of each leg. The “Condor” tradename and logo is embroidered onto the left side of the front bib.

The samples are being returned to you as you have requested.

The applicable subheading for style number GR-05-14 A 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 7.1 percent ad valorem.

The applicable subheading for style number GR-05-14 D 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 boys’ garments: of man-made fibers: Other: overalls and coveralls. The duty rate will be 7.1 percent ad valorem.

Because different construction and finishes may affect whether a coating is visible, we can only provide a ruling on the samples that are submitted for our examination. Therefore, we cannot provide a ruling for styles GR-05-14 B and GR-05-14C.

Style number GR-05-14 A falls within textile category designation 634. Style number GR-05-14D falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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