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NY 807776



April 6, 1995

CLA-2-62:S:N:N5:357 807776

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

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

RE: The tariff classification of a man's windbreaker-type jacket 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 1500-8191, is a windbreaker-type jacket 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 a full front opening secured by a zipper. There is an integral hood with a drawcord tightening and a drawcord tightening through the bottom hem. The sleeve cuffs are partially elasticized and have an adjustable snap closure. The garment has two side seam front pockets and a zippered pocket on the back panel. The zippered pocket features inner elasticized straps and plastic buckles. The zippered 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.

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

The sample is 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 jacket falls within textile category designation 634. 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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