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NY L89514




January 18, 2006

CLA-2-62:RR:NC:WA:357 L89514

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039; 6405.20.90

Mr. Karl F. Krueger
DHL Danzas Air and Ocean
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of a men’s stocking foot wader and storage bag and a men’s boot foot wader and storage bag from China

Dear Mr. Krueger:

In your letter dated December 21, 2005, on behalf of The Orvis Company, Inc., you requested a classification ruling.

Two samples and catalogue pages were submitted, as follows: Style number 69EC “Silver Label Stocking Foot Waist High Wader,” is a men’s one-piece stocking foot wader that extends to the waist area. The trousers are constructed of a woven 100% nylon fabric on the outer surface and a knit mesh 100% nylon tricot fabric on the inner surface with a breathable polyurethane lamination in between. The polyurethane lamination is visible through the knit mesh fabric.

The garment is a pull-on pair of trousers with no opening at the waist. The waistband has elastic tightening on each side and a detachable textile web belt with a plastic buckle that is held to the garment by four belt loops. The garment has a rear inner pocket below the waist that is secured by a hook and loop fastener. Glued to the garment at the ankle area are a neoprene stocking foot and a neoprene gravel guard that covers the upper portion of the stocking foot. The trousers are reinforced with a layer of polyester microfiber fabric on the front portion of the legs from the knee area to the ankle.

Style number 60L5 “Silver Label Bootfoot Wader,” is a men’s pair of boot foot waders that extend from the lower hip area to the bootfoot. The “hippers” are constructed of a woven 100% nylon fabric on the outer surface and a knit mesh 100% nylon fabric on the inner surface with a polyurethane laminated in between. The boot foot wader features a neoprene-lined boot with a removable felt sole. They have an inner adjustment strap secured to the upper portion of the leg area by a hook and loop fastener and two outer adjustment straps with plastic quick-release buckles. One strap is used to cinch it to the upper leg; the other is to secure it to the wearer’s belt and to adjust height.

Imported with the stocking foot wader is a storage bag that measures approximately 12-1/2 inches in width and 15-1/2 inches in length. Imported with the hippers boot foot wader is a storage bag that measures approximately 17-1/2 inches in width and 18-1/2 inches in length. Both storage bags are constructed of a woven man-made fiber fabric and have one seam along the length and an opening at the top secured by a drawcord with a plastic cord stopper. Each bag features the “Orvis” tradename and indicates the size of the item that is packed inside.

The Customs Service has previously ruled that similar bags imported and sold with an item are composite goods with the essential character imparted by the contents. Such is the case with these items. Consequently, the stocking foot wader and its bag, and the hippers boot foot wader and its bag are not regarded as separate items for duty or quota purposes.

In your letter you suggested that these waders should be classified in heading 9506, Harmonized Tariff Schedule of the United States (HTSUS), as sports equipment. The waders do not contain any padding for protection against injury from blows, collisions, or flying objects. Consequently, the waders are not considered sports equipment provided for in heading 9506.

The applicable subheading for style number 69EC will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), 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 trousers, breeches and shorts: other. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for style number 60L5 will be 6405.20.90 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear with uppers of textile material, other. The duty rate will be 12.5 percent ad valorem.

With your letter you submitted catalogue pages depicting pictures of the samples submitted as well as for items not submitted. You also requested a classification for the other men’s and woman’s items that were not submitted. We are unable to issue a classification for the other men’s and woman’s items without the submission of a sample for our examination.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 69EC falls within textile category designation 647. 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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