CLA-2 CO:R:C:G 081555

Ms. Carol Molesworth
Walt Wear Apparel
Hampton Industries, Inc.
15 West 34th Street
New York, NY 10001-3060

RE: Tariff classification of work suit and bag

Dear Ms. Molesworth:

Your letter of October 17, 1987, addressed to our New York office, requesting a tariff classification ruling for coveralls and a bag, Style 10638, has been referred to this office for reply.


A sample of the merchandise, to be imported from South Korea, was submitted to this office. The coveralls are a one- piece garment with a woven shell of 100 percent nylon coated with a silverized polyurethane plastic on the underside. The lining of the garment is of a woven man-made fiber fabric quilted to a nonwoven polyester batting. A two-inch-wide flap snaps over the metal zipper down the length of the center front. There is also a zipper along the outside seam of each leg. Rib-knit cuffs are concealed inside the sleeve edges. There is a strip of reflecting tape around the upper portion of each sleeve just below the seam joining the garment and sleeve. The back waist is elasticized; there is a belt which has a metal clasp at the center front. The coveralls also feature four pockets with snaps, two on the chest and two be- low the waist. A hood with a drawstring attaches to the collar with snaps.

The bag is of the same fabric as the outer portion of the coveralls. It fits tightly around the rolled-up garment. It has a round base, a drawstring at the top, and a two-inch- wide carrying strap along one side.


How are the bag and coveralls classified?



Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first according to the terms of the headings of the tariff and any relative section or chapter notes.

Heading 6211 provides for track suits, ski-suits and swimwear, and "other" garments. The latter includes cover- alls. However, heading 6210 provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906, or 5907. Note 5 of Chapter 62 provides that garments that are prima facie classi- fiable both in heading 6210 and in other headings of the chap- ter are to be classified in heading 6210. Thus, if the cover- alls meet the requirements of heading 6210, they must be clas- sified under that heading.

Of the headings referring to fabrics, specified in head- ing 6210, only heading 5903 is relevant in this case. Heading 5903 provides for textile fabrics impregnated, coated, cov- ered, or laminated with plastics. Note 2 of Chapter 59 pro- vides that the coating on fabrics classified under heading 5903 must be visible to the naked eye, no account being taken of any change in color.

While the outer fabric of the coveralls is coated on the underside with plastic, it does not meet the requirement of being visible to the naked eye otherwise than by a change in color. In other words, while the underside of the fabric is a different color as a result of the coating, it does not other- wise appear to be different from the outside.

The Explanatory Notes, the official interpretation of the HTSUSA at the international level, provide further clari- fication concerning merchandise to be classified under heading 5903. They state in part that fabrics impregnated with sub- stances designed solely to make them waterproof, for example, are not covered here. In many heading 5903 fabrics the plas- tic, generally colored, forms a surface layer simulating leather. Fabrics of this heading have a variety of uses in- cluding furnishing materials and the manufacture of handbags and travel goods, garments, slippers, toys, book bindings, adhesive tapes, and electrical equipment. Thus, while some wearing apparel fabrics may be included, they are of much heavier types than that found in the sample of Style 10638.


We conclude that the garment is not classifiable under heading 6210, HTSUSA.

Classification of the carrying bag is governed by GRI 5, which provides in part:

(a) Camera cases . . . and similar containers, specially shaped or fitted to contain a spe- cific article . . . suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith.

The bag is designed specifically for the garment it contains and has a durability comparable to it since the bag is made of the same material as the outer portion of the garment. It is presented with the garment and is of a kind normally sold with its contents.


The coveralls and bag are classified under heading 6211, HTSUSA, as "other" garments, specifically, under subheading 6211.33.0010, HTSUSA, textile category 659, as men's coveralls of man-made fibers. This classification represents the present position of the customs Service under the HTSUSA. If there are changes before the effective date of January 1, 1989, this advice may not continue to be applicable.


John Durant, Director
Commercial Rulings Division

6cc: Area Director, New York Seaport Area
cc: Legal Reference Section
cc: CITA
cc: Phil Robins
cc: NIS William Raftery