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NY M84152




July 6, 2006

CLA-2-62:RR:NC:WA:357 M84152

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6203.43.3590; 6203.43.4020

Linda M. Rasco
Metro Customs Brokers, Inc.
40 Miromar Drive, Suite 12
Champlain, New York 12919

RE: The tariff classification of a boy’s snow suit from China

Dear Ms. Rasco:

In your letter dated June 8, 2006, on behalf of Made To Fit Garment, Inc., you requested a classification ruling.

The sample submitted, style number 68H719, is a boy’s two-piece size-8 snow suit which consists of a jacket and a pair of trousers that are constructed of a shell composed of a dobbie weave 100% nylon fabric. The jacket has a visible coating on the inner surface of the shell fabric, and is lined in the upper portion of the rear panel with a knit polyester fleece fabric. It is lined in the front panels, sleeves and in the lower portion of the rear panel with a woven polyester fabric and has a nonwoven batting insulation. The pair of trousers has a polyurethane coating on the inner surface, is lined with a woven man-made fiber fabric and has a nonwoven batting insulation.

The coating on the trousers is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a zip-off hood with a drawcord tightening, a stand-up collar, a full front opening secured by a zipper closure and an overlapping flap with five hook and loop fasteners that covers the front zipper area. The jacket has a zippered pocket on the left and right chest area, an inner cell phone pocket with a flap closure, long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs, two front pockets with zipper closures below the waist, an elasticized inner snow skirt that is secured around the waist area by a front tab with four snaps and a drawcord tightening through the bottom hem.

The trousers have a zip-off rear bib that has sewn-on suspender straps with adjustable plastic buckles secured over the shoulders and attached to the front portion of the waistband by hook and loop fasteners. The rear bib can be detached from the garment allowing the trousers to be worn without the suspenders. The trousers have a fly front zipper opening covered by an overlapping flap that is secured by one snap on the front portion of the waistband, elastic tightening on each side of the waistband, a pocket on the right leg that has a flap with a hook and loop fastener, a rubberized label with the “Kricket Snobug” logo on the flap of the pocket, long hemmed trouser legs and inner leg sleeves with elastic tightening at the ankle. The garment has reinforcement in the rear seat and at the knee area, and a scuff guard at the ankle.

The samples are being returned to you.

The applicable subheading for the jacket will be 6210.40.5020, 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: anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

In your letter you inquired as to whether the trousers would qualify for the exclusion from quota for certain ski/snowboard pants as described in the Harmonized Tariff Schedule of the United States, Chapter 62, Statistical Note 4. In order to qualify for the exclusion, one of the requirements is that the garment must have sealed seams, which this garment lacks. Therefore, it does not qualify for the exclusion from quota.

The trousers are eligible for classification as water resistant. If the trousers pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTSUS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.3590, which provides for other: men’s or boys’ water resistant trousers or breeches: of synthetic fibers. The duty rate will be 7.1 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4020, which provides for other: boys’ trousers and breeches: of synthetic fibers. The duty rate will be 27.9 percent ad valorem.

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/.

The jacket falls within textile category designation 634. The trousers fall 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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