The tariff classification of three men’s outerwear garments from China and Poland

N035191 August 28, 2008 CLA-2-62:OT:RR:NC:TA:357 CATEGORY: Classification TARIFF NO.: 6210.40.5039; 6210.40.5040 Mr. Paul Vroman DHL Global Forwarding 2660 20th St. Port Huron, MI 48060 RE: The tariff classification of three men’s outerwear garments from China and Poland Dear Mr. Vroman: In your letter dated August 4, 2008, on behalf of Henri Lloyd North America, Inc., you requested a classification ruling. Three samples were submitted and are being returned as you requested. The first item, style Y10067-TP1, Breeze Performance Trouser, is a pair of ankle-length trousers with a shell made from a 100% nylon woven fabric with a visible coating on the inner surface. The garment has a fully elasticized waist with a web belt, a fly front, two front zippered pockets, one rear zippered pocket, a side zipper opening extending upward from the bottom hem of each leg and covered with a flap secured by two snaps, and a full woven lining. This garment will be made in China. The second item, style Y10060-TP2, Coastal Hi-Fit Trouser, has a shell made from a 100% polyamide woven fabric with a visible polyurethane coating on the inner surface and reinforcement in the front legs, in the cuffs and in the seat. This garment extends to the upper chest and has a front zipper closure, elasticized shoulder straps, adjustable tabs at the waist, a patch pocket on the right leg, tabs with hook and loop fasteners at the bottom of the legs and a full lining. This garment will be made in China. The third item, style Y10078-TP2, Shadow 2G Salopette, is a sleeveless coverall with a shell made from a 100% nylon woven fabric with a visible polyurethane coating on the inner surface and reinforcement in the front legs, in the cuffs and in the seat. This garment has a front zipper closure covered by a flap with a hook and loop closure, a web belt at the waist, neoprene shoulder panels and a zippered patch pocket on the right leg. This garment will be made in China and Poland. The applicable subheading for style Y10067-TP1 will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem. The applicable subheading for styles Y10060-TP2 and Y10078-TP2 will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: overalls and coveralls. The duty rate will be 7.1 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/. Style Y10067-TP1 falls within textile category 647; styles Y10060-TP2 and Y10078-TP2 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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 William Raftery at (646) 733-3047. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division