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

Ms. Latrice Hogan
Grainger International, Inc.
100 Grainger Parkway
Lake Forest, IL 60045-5201

RE: The tariff classification of two men’s rainwear coats and one rainwear suit from China

Dear Ms. Hogan:

In your letter dated May 7, 2009, you requested a tariff classification ruling.

Three samples were submitted, as follows: Style number 7368CR is a man’s reversible full-length rainwear coat. Each shell of the garment is composed of a woven 100% nylon fabric with a visible polyvinyl chloride coating on the inner surface.

The garment has a full front opening secured by a reversible zipper pull closure and a storm flap on each shell with five snap closures that covers the zipper area. The garment has long hemmed sleeves with a snap closure at the wrists, two front slash pockets on each shell, two pass through slits on each shell for easy access into inner garments, two badge holder grommets on the left chest area of each shell, a fold-down pointed collar and grommets under each armhole for ventilation. The contrasting bright color shell features reflective stripes on the upper portion of the front and rear panels and on the lower portion of the sleeves.

Style number 2013R is a man’s rainwear suit that consists of a jacket and a pair of bib-and-brace overalls that are composed of a woven 100% polyester fabric with a visible polyvinyl chloride coating on the outer surface. The coating does not completely obscure the underlying fabric. The hip-length jacket has a full front opening secured by an inner storm flap with two snap closures and an outer storm flap with four snap closures, long hemmed sleeves with a one snap closure at the wrist area and two front pockets with a flap closure at the waist area. The jacket has a fold-down collar and a detachable hood with a drawcord tightening. The hood is held to the collar by four snaps. There are reflective stripes on the front and rear panels, on the lower portion of the sleeves and at the bottom hem. The bib-and-brace overall is a one-piece garment which has a front bib that extends more than 6-inches above the natural waistline, significantly covering the chest area. The garment has suspenders with an elasticized insert in the rear that are secured to the front bib by a plastic buckle and button closure, adjustable snaps on each side of the waist area, a fly front opening secured by a snap closure and long hemmed legs with a snap closure at the ankles and reflective stripes surrounding the knee area. Style number 247C is a man’s full-length rainwear coat. The garment is composed of a woven 100% polyester fabric with a polyvinyl chloride coating on the outer surface that completely obscures the underlying fabric. The garment has a full front opening secured by an inner storm flap with two snap closures and an outer storm flap with five snap closures, long hemmed sleeves with a one-snap closure at the wrist area, two front slash pockets and two pass through slits below the waist for easy access into inner garments, two badge holder grommets on the left chest area, grommets under each armhole for ventilation and a free hanging rear yoke that covers three circular mesh fabric inserts. The garment has a fold-down collar that is composed of a corduroy fabric on the outer surface and a detachable hood with a drawcord tightening. The hood is held to the collar by four snaps.

The applicable subheading for style 7368CR will be 6210.20.5000, 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 garments, of the type described in subheadings 6201.11 to 6201.19: Of man-made fibers: other. The rate of duty will be 7.1 percent ad valorem.

The applicable subheading for the jacket of style 2013R 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, windbreakers and similar articles. The rate of duty will be 7.1 percent ad valorem.

The applicable subheading for the bib-and brace overalls of style 2013R 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 rate of duty will be 7.1 percent ad valorem.

The applicable subheading for style 247C will be 6210.20.3000, 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 garments, of the type described in subheadings 6201.11 to 6201.19: Of man-made fibers: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric. The rate of duty will be 3.8 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 W. Raftery at (646) 733-3047.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division