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NY N003325





December 13, 2006

CLA-2-61:RR:NC:N3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5040, 6217.10.9530

Ms. Cheryl Forner
Stearns Inc.
P.O. Box 1498
St. Cloud, MN 56302

RE: The tariff classification of a rescue suit from Thailand.

Dear Ms. Forner:

In your letter dated November 9, 2006, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample style 1596, Driflex Cold Water/Ice Unisex Rescue Suit, is composed of 210D Nylon with a PU coating on the outer surface. The inside of the suit has a replaceable liner made of 5MM PVC foam bonded to woven black taffeta fabric. The coverall style garment has attached boots and gloves, an attached hood and a full front zipper closure. The garment is used for protection in rescue operations in extreme cold water and ice conditions.

Chapter 62 note 5 states: Garments which are, prima facie, classifiable both in heading 6210 and in other headings of this chapter, excluding 6209, are to be classified in heading 6210.

 The applicable subheading for the Driflex Cold Water/Ice Rescue Suit, style 1596 will be 6210.50.5040, 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 women’s or girls’ garments: Of man-made fibers: Other, Overalls and coveralls." The rate of duty will be 7.1 percent ad valorem.

You ask for a classification of the replaceable liner, if imported separately.

The applicable subheading for the replaceable liner will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessoriesAccessories: Other: Other, Of man-made fibers: Other." The duty rate will be 14.6% ad valorem. The textile category designation is 659.

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 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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