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NY N021997




February 12, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065

Mr. David C. Williams, Esq.
DC Williams & Associates
8 Brook Lane
Cortlandt Manor, New York 10567

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

Dear Mr. Williams:

In your letter dated January 14, 2008, on behalf of your client, Kindnoon Offshore Trading Co., Ltd., you requested a classification ruling.

The sample submitted, style number H3B “Men’s Camouflage Bib Pants,” is a man’s pair of bib-and-brace overalls with a printed camouflage design shell composed of a brushed flat knit 100% polyester fabric which has a visible polyurethane lamination on the inner surface. The garment is lined with a woven man-made fiber fabric that is quilted to a nonwoven batting insulation.

The bib-and-brace overalls have a front bib that extends more than six inches above the natural waistline significantly covering the chest area. The garment has elasticized suspenders secured to the front bib by plastic buckles, a front zipper opening that extends to the top of the bib, an overlapping flap with a one-snap closure that covers the zipper area, two front bib pockets with zipper closures covered by a flap, two side seam v-shaped ribbed-knit fabric inserts above the waist area and a partially elasticized rear waist. The garment also has two front slant pockets with flaps secured by snap closures, two rear pockets covered by flaps below the waist and long legs with a 24-inch side seam zipper opening covered by an overlapping flap with snap closures and a tab with a hook and loop fastener at the ankle. The “Artic Shield” tradename and logo is on the flap of the right front pocket. The sample is being returned to you as you have requested.

In your letter you indicate that this garment should be classified under HTS 6113.00.9044, which is the classification for trousers. This garment has a front bib that significantly covers the chest area and is considered to be a pair of overalls.

The applicable subheading for the bib-and-brace overalls will be 6113.00.9065, 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: other: overalls and coveralls: other men’s or boys’. The duty rate will be 7.1 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 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. 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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