The tariff classification of work under garment top and pants from China.

NY J83766 May 6, 2003 CLA-2-62:RR:NC:3:353 J83766 CATEGORY: Classification TARIFF NO.: 6205.30.2070, 6204.63.3510 Mr. Ken Kane White Knight Engineered Products Inc. 94 Glenn Bridge Rd. Arden, NC 28704-3000 RE: The tariff classification of work under garment top and pants from China. Dear Mr. Kane: In your letter dated April 1, 2003 you requested a classification ruling. The samples will be returned to you as requested. Style 31C 80 1786 is a garment top made of woven 100% polyester fabric with a wicking moisture treatment. The pullover top has three snaps at the front that close left over right, a Henley collar and raglan sleeves with knit cuffs. Style 30C 81 1786 is a garment pants made of woven 100% polyester fabric with a wicking moisture treatment. The pants have a tunneled elastic back with a drawstring tie front and knit cuffs at the ankles. There are patch pockets on the right leg and on right hip. You indicate that the items should be classified under 6210.50.5055. However, there is no visible coating on the fabric, which is a requirement for classification in heading 6210. The garments will be worn under clothing used for spraying rooms or clean rooms etc. They can be worn over T-shirts and other garments but are used under work garments. The applicable subheading for the 31C 80 1786 top will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ shirts: Of man-made fibers: Other: Other: Other: Other: Men’s.” The duty rate will be 29.3 cents/kg + 26.1% ad valorem. The textile category designation is 640. The applicable subheading for the 30C 81 1786 pants will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’…trousers…Trousers…Of synthetic fibers: Other: Other: Other: Other, Trousers and breeches: Women’s. The duty rate will be 28.8% ad valorem. The textile category designation is 648. Based upon international textile trade agreements products of China are subject to quota 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division