CLA-2-62:RR:NC:WA:357 G89614
Ms. Melissa Lucas
N.I. Logistics American Corp.
1211 SW 5th Avenue, Suite 2200
Portland, OR 97204-3782
RE: The tariff classification of a man’s pair of bib and brace overalls from China
Dear Ms. Lucas:
In your letter dated March 28, 2001, on behalf of Tahsin Industrial Corp., USA, under the Cabela’s label you requested a classification ruling.
The sample submitted, style number 930530, is a man’s pair of bib and brace overalls that is constructed of a shell composed of a woven orange blaze color camouflage 100% acrylic fabric which has a urethane coating for water resistance. The garment is lined with a woven 100% nylon fabric that is quilted in a diamond pattern to a 6-oz. nonwoven batting insulation fill.
The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.
The bib and brace overall has a front opening that is secured by a double pull zipper closure and an overlapping flap with five snaps that covers the zipper area. The garment features a front bib that extends more than six inches above the natural waistline, significantly covering the chest area. The bib also has two ribbed-knit fabric inserts on each side and elasticized suspenders at the top. The suspenders criss-cross on the back and are secured to the front bib by plastic buckles. The garment has two zippered front pockets and a zippered right rear pocket below the waist; a double pull full side seam zipper opening along the outer portion of each trouser leg that extends from the waist area to the ankle; and a tab with an adjustable snap closure at the bottom of each trouser leg. The “Cabela’s” logo is featured on the left portion of the front bib, on the upper portion of the rear bib and on each snap closure.
The sample is being returned as you.
This garment is eligible for classification as water resistant. If the bib and brace overall passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6203.43.1500, which provides for other men's or boys’ bib and brace overalls: of synthetic fibers: water resistant. The duty rate will be 7.2 percent ad valorem.
If the bib and brace overall does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.2005, which provides for other men's or boys’ bib and brace overalls: of synthetic fibers: other: insulated, for cold weather protection. The duty rate will be 15.5 percent ad valorem.
The bib and brace overalls fall within textile category designation 659. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 212-637-7076.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division