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NY 807775



April 6, 1995

CLA-2-62:S:N:N5:357 807775

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Mr. Brian Wavra
Rainfair, Inc.
Box 1647
Racine, Wis. 53401

RE: The tariff classification of a man's jacket and pair of trousers from China; Unisex v. Men's

Dear Mr. Wavra:

In your letter dated February 21, 1995, you requested a classification ruling.

The sample submitted, style number 0005-8130, consists of a pullover windbreaker-type jacket and a pair of trousers constructed of a shell composed of a woven 100% nylon fabric which has a 1500mm visible polyurethane coating on the inner surface.

The jacket has an integral hood with a drawcord tightening, a partial front opening at the neck secured by a zipper closure, elasticized sleeve cuffs and a drawcord tightening through the bottom hem. The garment features a front pouch pocket. The pouch pocket has a zipper opening with inner elasticized straps and plastic buckles. The pouch pocket can be pulled inside out allowing the jacket to be rolled-up and stuffed into the pocket and can be worn around the waist with the use of the attached straps.

The trousers have an elasticized waistband with a drawcord tightening. There are two open slits below the waist that can be used by the wearer for easy access into inner garments. The ankle cuffs are elasticized and have snap closures.

According to a sizing chart and catalog depiction of this garment set submitted with your inquiry in support of classification as unisex, the garments are sold to both men and women. However, the garments appear to be made to men's sizing specifications with the only accommodation to women being the availability of a size XS. As such, these garments are still regarded as men's.

The samples are being returned to you as you have requested. `

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: Of man-made fibers: Other, Anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the trousers will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: Of man-made fibers: Other, Trousers, breeches and shorts. The duty rate will be 7.6 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

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. 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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