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NY M85261




August 17, 2006

CLA-2-62:RR:NC:WA:357 M85261

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
8855 Columbine Road, Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification of a man’s pair of bib-and-brace overalls from China

Dear Ms. Anderson:

In your letter dated July 20, 2006, on behalf of LaCrosse Rainfair Safety Products, a division of LaCrosse Footwear, Inc., you requested a classification ruling.

The sample submitted, style “Typhoon” stock number 14008115, is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven 300D polyester canvas fabric that has a visible waterproof breathable polyurethane coating on the inner surface. The garment is unlined.

The bib-and-brace overall is a one-piece garment that has a front bib which extends more than 6-inches above the natural waistline, significantly covering the chest area. The garment features elasticized suspenders sewn onto the rear portion of the overalls and secured to the front bib by plastic buckles. The garment has a pocket on the front bib secured by an overlay of fabric with a snap closure, the “LaCrosse” tradename and logo embroidered onto the lower portion of the bib pocket, a tab with an adjustable snap closure on the upper portion of the left side seam, a fly front opening with a one-snap closure, long hemmed legs with overlay reflective strips on the lower portion of each leg and a tab with adjustable hook and loop fasteners at the ankle area.

The sample is being returned to you as you have requested.

The applicable subheading for the bib-and-brace overalls will be 6210.40.5040, 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: Overalls and coveralls. The duty rate will be 7.1 percent ad valorem.

In your letter you asked whether a lower back bib would affect classification. Classification as a bib and brace overall is based on the front rise only.

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 bib-and-brace overalls fall 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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