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NY M86962




October 30, 2006

CLA-2-62:RR:NC:TA:357 M86962

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.2005; 6210.40.5040; 6205.20.2047; 6211.43.0007

Ms. Joan Studeny
GHY USA Inc.
572 South Fifth St.
Pembina, ND 58271

RE: The tariff classification of four garments from Canada and China

Dear Ms. Studeny:

In your letter dated September 22, 2006, on behalf of Richlu Manufacturing, Winnipeg, Manitoba, you requested a classification ruling. The samples you submitted are being returned as you requested.

The first item, style 7537, is a men’s overall with a shell made from a woven 100% cotton duck fabric and a nylon lining quilted to a nonwoven insulation. The garment extends high on the chest and back and has elasticized suspenders, a two-way front zipper opening, two-way zippers on the outside leg seams, two front slant pockets and elastic gathering at the waist.

The second item, style I16219, is a men’s overall with a shell made from a woven 100% nylon fabric with a visible polyurethane coating on the inner surface and a lining made from a woven 100% nylon fabric quilted to a 6-ounce nonwoven insulation. The garment has high front and back bibs and has elasticized suspenders, a two-way front zipper opening, two-way zippers on the outside leg seams, hidden elastic leg sleeves, reinforcement in the front of the knees and elastic gathering at the waist.

The third item, style I94001/2, is a men’s shirt with a shell made from a woven 100% cotton yarn dyed flannel fabric and a lining made from a woven 100% nylon quilted to a polyester batting. The garment has a full front opening secured by six snaps and a button at the neck, chest pockets with snapped flaps, on-seam pockets at the waist, a pointed collar, long sleeves with snapped cuffs and a hemmed shirt tail bottom.

The fourth item, style 8200, is a child’s snowmobile coverall in sizes ranging from 24 months to 6/7. It has a shell made from a woven 100% nylon fabric in a camouflage print with a polyurethane coating on the inner surface. The garment is lined in the sleeves and in the lower legs with a woven nylon fabric quilted to a batting described as “CS100 Thinsulate,” a blend of 65% olefin/35% polyester, and in the remainder with a heavily brushed fleece fabric. The coverall has rib knit cuffs, elasticized hems at the lower leg, an integral hood with fleece lining, a front zipper with a storm flap and elastic gathering at the waist. The coating is not visible for tariff purposes, as the term has been defined.

The applicable subheading for style 7537 will be 6203.42.2005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ bib and brace overalls, of cotton, insulated, for cold weather protection. The duty rate will be 10.3% ad valorem.

The applicable subheading for style I16219 will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, overalls and coveralls. The duty rate will be 7.1% ad valorem.

The applicable subheading for style I94001/2 will be 6205.20.2047, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ shirts, of cotton, other: other: other: with two or more colors in the warp and/or the filling: napped. The duty rate will be 19.7% ad valorem.

The applicable subheading for style 8200 will be 6211.43.0007, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, women’s or girls’, of man-made fibers, other coveralls, jumpsuits and similar apparel, insulated, for cold weather protection. The duty rate will be 16% 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/.

Style 7537 falls within textile category 359; styles I16219 and 8200 fall within textile category 659; and style I94001/2 falls within textile category 340. 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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