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NY L87464




September 30, 2005

CLA-2-62:RR:NC:WA:357 L87464

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2010; 6203.42.2005; 6211.32.0007

Ms. Margaret Morgenson
Direct Source Marketing, Inc.
4061 North Main Street, Suite 100
Racine, WI 53402

RE: The tariff classification of a man’s padded sleeveless jacket, a pair of overalls and a pair of coveralls from China

Dear Ms. Morgenson:

In your letter dated August 29, 2005, you requested a classification ruling.

Four samples were submitted as follows: Style OX0553A is a man’s upper thigh-length jacket, style number OX0553B is a man’s pair of bib-and brace overalls, style number OX0553C “vest” is a man’s hip-length padded sleeveless jacket and style number OX0553D is man’s pair of coveralls. Each garment is constructed of a shell composed of a woven 100% cotton canvas fabric that has a durable water repellant fluorine finish. Each garment is lined with a woven 100% nylon taffeta fabric that is quilted in a diamond pattern to a nonwoven “3M Thinsulate” insulation.

Style OX0553B is a one-piece pair of bib-and-brace overalls with a front bib that extends more than six inches above the natural waistline, significantly covering the chest area. There are two patch pockets on the bib, the left of which features the “Condor” tradename and logo. The garment also has a rear bib with sewn-on elasticized suspenders that are secured to the front bib by two tack buttons with a metal slide loop closure. The garment has an opening on each side of the waist area secured by a two-button closure, a hidden fly front secured by a two-button closure, two front pockets with an additional smaller pocket inside the right front pocket, two rear pockets, a tool pocket on each side of the left and right thigh and a hammer loop just above the left tool pocket. The overalls have long hemmed legs with reinforced knee patches and a zipper opening at the ankle area.

Style OX0553C has oversized armholes, a stand-up collar composed of a ribbed-knit fabric and a full front opening secured by a zipper closure. The padded sleeveless jacket has two front pockets below the waist and the “Condor” logo and tradename on the left chest area. The garment’s bottom hem is cut straight and is shorter in the front, and is cut round and is slightly longer in the back.

Style OX0553D is a one-piece pair of coveralls that has a fold-down pointed collar composed on the outer surface of a corduroy fabric, a front opening that is secured by a double pull zipper closure and an overlapping flap with two snap closures that covers the front zipper area. The garment has two chest pockets with zipper closures, the “Condor” tradename and logo on the left pocket, long hemmed sleeves with a pocket on the upper portion of the left sleeve, inner storm cuffs composed of a ribbed-knit fabric and side pleats on the upper portion of the rear panel for easy movement. The garment also has two front pockets and two rear pockets below the waist, a tool pocket on the side of the right thigh, a hammer loop on the left thigh area and long hemmed legs with full side seam zipper openings covered by an overlapping flap with four snap closures.

Your inquiry does not provide enough information for us to give a classification ruling for the jacket style OX0553A. Your request for a classification ruling should include more information on the durable water repellant “fluorine” finish to determine if it is a plastics material for tariff purposes. Please provide the chemical formula. When this information is available, you may wish to consider resubmission of your request for a ruling for the jacket. If you decide to resubmit your request, please include all of the material that we have returned to you relative to this style.

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

The applicable subheading for style OX0553B will be 6203.42.2005, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ bib-and-brace overalls: of cotton: Insulated, for cold weather protection. The duty rate will be 10.3 percent ad valorem.

The applicable subheading for style OX0553C will be 6201.92.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other: men’s or boys’ padded, sleeveless jackets: of cotton: other. The duty rate will be 9.4 percent ad valorem.

The applicable subheading for style OX0553D will be 6211.32.0007, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, men’s or boys’: of cotton: coveralls, jumpsuits and similar apparel: other, insulated for cold weather protection. The duty rate will be 8.1 percent ad valorem.

Styles OX0553B, OX0553C and OX0553D fall within textile category designation 359.

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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