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NY N022976




March 4, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040

Ms. Maryellen West
The Folsom Corporation
43 McKee Drive
Mahwah, N.J. 07430

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

Dear Ms. West:

In your letter dated February 5, 2008, you requested a classification ruling.

Two samples were submitted: Style number 51658 is a man’s thigh-length jacket with a shell composed of a woven 100% nylon taffeta fabric which has a visible waterproof breathable coating on the inner surface.

The jacket has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. An overlapping flap with five hook and loop fasteners along the front placket and a snap closure at the bottom hem covers the zipper area. The garment has long sleeves with cuffs composed of a knit nylon fabric on the inner and outer surface with an expandable neoprene rubber in between, two double entry bellows chest pockets covered at the top by an overlay of fabric with a hook and loop fastener and a drawcord tightening through the bottom hem.

Style number 61658 is a man’s pair of bib-and-brace overalls with a shell composed of a woven 100% nylon taffeta fabric which has a visible waterproof breathable coating on the inner surface. 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 and an overlapping flap with four snaps that covers the front zipper area. The garment has a pocket on the left bib secured by a flap with a hook and loop fastener, an elasticized rear waist, an elasticized band on each side of the waist area, two slant front pockets below the waist covered by a flap with a hook and loop fastener and long hemmed legs with a zipper opening at the ankle area covered by an overlapping flap with two snap closures.

The samples are being returned to you as you have requested.

The applicable subheading for the jacket will be 6210.40.5020, 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 men’s or boys’ garments: of man-made fibers: other: anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the pair of bib-and-brace overalls will be 6210.40.5040, 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 men’s or boys’ garments: of man-made fibers: other: overalls and coveralls. 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 jacket falls within textile category 634. The bib-and-brace 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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