CLA-2-62:RR:NC:3:353 C80110
Mr.Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Avenue
New York, New York 10106
RE: The tariff classification of a welder's garment from Malaysia or Trinidad.
Dear Mr. Zelman:
In your letter dated September 29, 1997, on behalf of Sportsmed International, Inc., you requested a classification ruling. A sample was submitted for examination.
You state that the submitted sample is a welder's garment consisting of woven 100% cotton fabric. The garment is hip level and designed with long sleeves without cuffs, which may be tightened at the wrists with snaps. The garment features an interior pocket, a full front opening secured by heavy duty snaps which close left over right, and a collar. The item is stated to be specially designed for a welder and will be marketed as a garment for a welder. You state that the fabric has been treated with a chemical flame retardant known as "Proban". Because of this treatment, the garment will not ignite when exposed to sparks generated during the welding process. The garment is designed to be worn over a worker's shirt and not against the skin. This item does not have the three necessary features to qualify as a jacket.
The applicable subheading for the welder's "jacket" will be 6211.32.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Of cotton, Other. The duty rate will be 8.4% ad valorem.
The welder's garment falls within textile category designation 359. Based upon international textile trade agreements products of Malaysia are subject to quota and the requirement of a visa. Products of Trinidad are not subject to quota and visa at this time.
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. 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.
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 Martin Weiss at 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division