The tariff classification of men’s bib and brace overalls from China

N037446 September 25, 2008 CLA-2-62:OT:RR:NC:TA:357 CATEGORY: Classification TARIFF NO.: 6210.40.5040 Ms. Tracy Elisara LaCrosse Footwear, Inc. 17634 NE Airport Way Portland, OR 97230 RE: The tariff classification of men’s bib and brace overalls from China Dear Ms. Elisara: In your letter dated September 5, 2008, you requested a classification ruling. The sample you submitted is being returned as you requested. The item in question, style 1400-650x, Mountain Pass Insulated Bib, is a pair of men’s bib and brace overalls. The shell is made from a woven 100% polyester fabric with a visible PVC (polyvinyl chloride) coating on the inner surface. The garment has a front rise of approximately 26.5”, a one-snap fly, elasticized suspenders, full side seam zippers covered by fabric, a diamond-quilted lining with a 100 gram nonwoven polyester filling and Scotchlite™ reflective strips on the legs. You suggested classification of this garment in subheading 6203.43.1500, HTSUS. In accordance with Chapter 62, Legal Note 5, this article is classified in Heading 6210, HTSUS. The applicable subheading for the overalls will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ 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/. These overalls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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