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NY 810959




June 7, 1995

CLA-2-62:S:N:N5:357 810959

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a jacket and a pair of bib and brace overalls from Korea; Unisex v. Men's

Dear Mr. LeClair:

In your letter dated May 25, 1995, on behalf of Kimpex USA of Champlain, you requested a classification ruling.

Two samples were submitted as follows: Item style number 16-821-02 is a waist-length jacket. The jacket is constructed of a woven 100% nylon fabric outershell visibly coated with polyurethane to protect the wearer from wind and water penetration. The garment is lined with a woven fabric quilted to a non-woven polyester fiberfill insulation.

The jacket has a full front opening secured by a zipper closure. There are two zippered front pockets and a zippered inner lining pocket. The sleeve cuffs and waistband are elasticized.

Item style number 16-818-03 is a pair of bib and brace overalls composed of a woven 100% nylon fabric visibly coated with polyurethane to protect the wearer from wind and water penetration. The bib and brace overalls have a non-woven polyester fiberfill insulation.

The bib and brace overalls have zippered front and side openings. The side zippers extend from the waist area down the length of each leg to the ankle. The garment has a front bib that extends more than six inches above the waistline, inner elasticized ankle cuffs that are secured by snap closures and permanently affixed elasticized suspenders secured by adjustable snaps. The back portion of the waist is elasticized.

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

According to a sizing chart and catalog depiction of this jacket and pair of bib and brace overalls 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 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 pair of bib and brace overalls will be 6210.40.5040, 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 boy's garments: Of man-made fibers: Other, overalls and coveralls. The duty rate will be 7.6 percent ad valorem.

The jacket falls within textile category designation 634. The pair of bib and brace overalls fall within textile category designation 659. Based upon international textile trade agreements products of Korea are not presently subject to quota restraints but a visa is required.

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

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