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NY N004194




December 28, 2006

CLA-2-62:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0010

Robert Kwiatkowski
FBS Distribution Co., Inc.
704 - 2071 Kingsway Ave.
Port Coquitlam, BC V3C 6N2

RE: The tariff classification of coveralls from Poland.

Dear Mr. Kwiatkowski:

In your letter dated November 23, 2006, received in this office on December 8, 2006, you requested a tariff classification ruling on a prospective importation. As requested, the submitted sample will be returned to you.

The submitted sample is a ProPlus Gard Cool Gear PPE (Personal Protective Equipment) Coverall, Styles 60401, 60402, 60403 and 60404. The coverall is constructed of woven 100% nylon fabric and features a front chest pocket, rear pocket, an elasticized hood, partially elasticized waist, adjustable elasticized wrists and ankles, and a full front double closure of left over right securing hook and loop tabs and a zipper. The coverall is anti-static, breathable and lint-free, and is used as protective clothing for spray paint applications in the industrial and automotive market.

You suggest classification in subheading 6204.63.30, which calls for water resistant trousers or breeches; the item is neither, it is a coverall.

The applicable subheading for the ProPlus Gard Cool Gear PPE Coverall, Styles 60401, 60402, 60403 and 60404 will be 6211.33.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suitsother garments: other garments, men’s or boys’: of man-made fibers, coveralls, jumpsuits and similar apparel: other: men’s. The rate of duty will be 16 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 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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