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NY M84552




October 12, 2006

CLA-2-62:RR:NC:TA:357 M84552

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Ms. Lori J.P. Boullet
Columbia Sportswear Co.
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of a men’s bib overall from China

Dear Ms. Boullet:

In your letter dated June 26, 2006, on behalf of your wholly owned subsidiary, Mountain Hardwear, you requested a classification ruling. We regret the delay in responding, which was due to a laboratory analysis.

You submitted a sample, style OM2439, along with swatches of fabric designated “composite fabric #009392” used in production of the garment. This fabric was determined by the Customs laboratory to be not of pile construction. The garment sample is being returned to you as you requested.

Style OM2439 is a pair of men’s bib and brace overalls made from a bonded fabric consisting of an outer fabric of 100% woven nylon and an inner fabric of 100% polyester brushed tricot knit with a polyurethane plastics layer in between. The plastics membrane is visible in cross-section.

The overalls are ankle-length and have side zipper openings at the bottom and the upper right side, a zippered fly, hidden leg sleeves, various zippered pockets, front and back bibs and elasticized shoulder straps. The front bib provides substantial chest coverage.

The applicable subheading for style OM2439 will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments of man-made fibers, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: overalls and coveralls. The duty rate will be 7.1 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/.

This garment falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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