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NY M86651




October 5, 2006

CLA-2-62:RR:NC:WA:357 M86651

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6203.43.2005

Mr. Paul Meyer
Masterpiece International, Ltd.
101 Continental Blvd., Suite 501
El Segundo, CA 90245

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

Dear Mr. Meyer:

In your letter dated September 6, 2006, on behalf of JMI (USA) Ltd., you requested a classification ruling.

Two samples were submitted as follows: Style number 06NO150 “Operator,” is a man’s lower hip-length jacket and style number 06NO151 “Operator,” is a man’s pair of bib-and-brace overalls. Both garments are constructed of a shell composed of a woven 100% nylon fabric, a lining composed of a woven man-made fiber fabric and have a nonwoven foam Vaetrex™ insulation. The garments are designed to be used as “Freezer wear.”

According to literature you provided along with information from the website of Northern Outfitters, Vaetrex™ is a patented insulation system for use in extreme cold weather. It is used in a variety of garments and footwear.

In a phone conversation you indicated that the garments are not treated for water resistance.

The jacket has a stand-up collar, a full front opening secured by a zipper closure that extends to the top of the collar and an overlapping flap with five hook and loop fasteners that covers the front zipper area. The garment has long hemmed sleeves with a tab secured by a hook and loop fastener at the wrist area, a double pencil pocket on the upper portion of the left sleeve, two free-hanging self-fabric overlaid yokes on the front panels, two chest pockets with side zipper closures, two double entry front pockets with flaps secured by a snap closure, an inner pocket with a hook and loop fastener and a drawcord tightening through the bottom hem.

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 has sewn-on elasticized suspenders with plastic buckles, a rear bib, a zippered front opening, a pocket on the left bib panel, an elasticized rear waistband with an adjustable tab on each side that is fastened through a buckle and secured by a hook and loop fastener, two front pockets with side openings located below the waist, two full side seam openings secured by a double pull zipper closure, an overlapping flap with six hook and loop fasteners that covers the side zipper openings and an elasticized ankle cuff.

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

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles: of man-made fibers: other: other: other. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for the bib-and-brace overall will be 6203.43.2005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ bib and brace overalls, of synthetic fibers: other: insulated, for cold weather protection. The duty rate will be 14.9 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 634. The bib-and-brace overalls fall 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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