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HQ 954885


October 13, 1993

CLA-2 CO:R:C:T 954885 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0010

Maria Elena Gomez
Bob Barker Company, Inc.
118 E. Jones St.
Fuquay, North Carolina 27626

RE: Classification of a jumpsuit; Heading 6211; men's v. women's garment; Legal Note 8 to Chapter 62

Dear Ms. Gomez:

This is in response to your inquiry of July 19, 1993, requesting a tariff classification ruling for a woven jumpsuit under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The merchandise will be manufactured in Brazil, Columbia, Ecuador, El Salvador, Mexico, and/or Peru. A sample was submitted for examination.

FACTS:

The merchandise at issue is a jumpsuit referred to as Style 24220-XL. The garment is constructed of 80 percent cotton/20 percent polyester woven fabric. The garment contains short sleeves, a pointed collar, a chest pocket, a partially elasticized rear waist, a full frontal opening from the neck to the crotch secured by six snaps, and closes left over right. The importer states that the garment is unisex and it is intended for wear for both women and men. The size range is XS to XXXL.

ISSUE:

Whether the garment at issue is classifiable as a men's or women's garment?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's, taken in order.

Legal Note 8 to Chapter 62, HTSUSA, which was recently revised as of January 1, 1993, states the following:

Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the heading covering women's or girls' garments.

As the instant garment's means of closure is six snaps which close left over right, there is a presumption that it is a men's garment unless the cut indicates otherwise. Customs believes that cut refers to the construction or design detail created to accommodate the body structure. The aforementioned presumption is premised on Legal Note 8 to Chapter 62, HTSUSA. After examining the garment in its totality, it appears that there are no characteristics in regard to the cut that would indicate that it was designed for a woman. Consequently, the presumption that the instant garment is constructed for a man based on the left over right means of closure has not been overcome and it is classifiable as a men's garment.

HOLDING:

Based on the foregoing, the garment at issue is classifiable under subheading 6211.32.0010, HTSUSA, which provides for men's cotton jumpsuits. The applicable rate of duty is 8.6 percent ad valorem and the textile restraint category is 359.

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.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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