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NY N014857




August 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1005, 6113.001012

Ms. Sharon Stockton
Ranpro Inc.
P.O. Box 430
Simcoe, Ontario, Canada N3Y 4L6

RE: The tariff classification of jackets, overalls, pants and smock from Canada.

Dear Ms. Stockton:

In your letter dated July 12, 2007, you requested a classification ruling. The samples which you submitted are being returned as requested.

Styles J152 300NP, J152 345H, P152 060, P152 450W and SM152 53 are made of knit polyester fabric coated on the outer surface with PVC and PU blended plastic material that completely obscures the underlying fabric.

Style J152 300NP is a men’s jacket with an attached hood and a drawcord closure, neoprene cuffs with hook and loop tabs and a full front opening with a four snap closure that closes left over right.

Style J152 345H is also a men’s jacket with and attached hood and drawcord with a full front snap closure that closes left over right and an inner storm flap.

Style P152 060 is men’s bib and brace overalls with a double bib design and adjustable elastic suspenders with nylon slides.

Style P152 450W are pants with an elastic waistband with a drawcord, snaps at the ankle and side pockets with a hook and loop closure.

Style SM152 53 is a wrap around smock that covers the entire torso to the ankles. The garment has elastic at the wrists and textile ties.

   The applicable subheading for the men’s jackets, Styles J152 300NP and J152 345H will be 6113.00.1005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Coats and jackets: Men'’ or boys'." The general rate of duty will be 3.8% ad valorem.

   The applicable subheading for the overalls, Style P152 060, pants, Style P152 450W and smock, Style SM152 53 will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other." The general rate of duty will be 3.8% 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/.

As per the Binding Rulings Procedures: Ruling requests will contain a maximum of 5 items in order to be accepted. Your request exceeds 5 items we cannot answer the last two items in your letter. If you still require a binding ruling on Styles SL152 200, Sleeves and A152 48, Apron you should submit a separate request.

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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