NY 851367
MAY 09 1990
CLA-2-62:S:N:N3:357 851367
6204.63.3530
Mr. Patrick Leung
Fera International Corporation
20603 Earl St.
Torrance, CA 90503
RE: The tariff classification of boy's and girl's bib pants from
Hong Kong or Korea.
Dear Mr. Leung:
In your letter dated April 9, 1990, you requested a
classification ruling.
Two samples were submitted, one for boys and one for girls,
both in size six. According to your letter, the garments will be
imported in size ranges 4-16. The boy's garment is designated
style 03201 from Hong Kong and the girl's garment is designated
style 03200 from Hong Kong. When imported from Korea the garments
will be designated styles PK-1 to PK-4.
Both garments have an outershell constructed from 100% woven
nylon with an application of 300mm polyurethane plastic to the
underside. They have a nonwoven polyester filling and a woven
nylon lining, elasticized shoulder straps and cuffs and a front
zipper opening. Due to the brevity of the front rise on these
garments, they are not considered bib and brace overalls for
tariff purposes.
The plastic coating on the samples is not separately
visible; therefore, HTS heading 6210 does not apply.
If meeting the water resistance requirements in Chapter 62
Additional U.S. Note 2, HTS, the applicable subheading for the
boy's bib pants will be 6203.43.3500, Harmonized Tariff Schedule
of the United States (HTS), which provides for other men's or
boys' water resistant trousers of synthetic fibers. The duty rate
will be 7.6% ad valorem.
If not meeting the requirements of Additional U.S. Note 2,
the applicable subheading for the boy's bib pants will be
6203.43.4020, HTS, which provides for other boys' trousers of
synthetic fibers. The duty rate will be 29.7% ad valorem.
If meeting the water resistance requirements in Chapter 62
Additional U.S. Note 2, HTS, the applicable subheading for the
girl's bib pants will be 6204.63.3000, HTS, which provides for
other women's or girls' water resistant trousers of synthetic
fibers. The duty rate will be 7.6% ad valorem.
If not meeting the requirements of Additional U.S. Note 2,
the applicable subheading for the girl's bib pants will be
6204.63.3530, which provides for other girls' trousers of
synthetic fibers. The duty rate will be 30.4% ad valorem.
The boy's garment falls within textile category designation
647 and the girl's falls within category 648. Based upon
international textile trade agreements, products of Hong Kong and
Korea are subject to visa requirements. In addition, products of
Korea are subject to quota restraints.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes, to
obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report On
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.
Please note that this ruling is confined to the sample
garments in the size submitted. From the attachments you
submitted with your inquiry it appears that there is a
misconception of where Customs measures the front rise in
determining whether garments are bib and brace overalls. Rather
than measure from the natural waistline to the buckle, we measure
to the lowest point of the front rise. Applying this method to
your size specification sheets, it appears that the larger sizes
may also be considered trousers, contrary to the notations on
these sheets.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport