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HQ 958253




October 20, 1995

CLA-2 R:C:T 958253 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.92.1500, 6202.92.2061

Ms. Holly Brown
Nordstrom, Inc.
1321 Second Avenue
Seattle, WA 98101

RE: Revocation of District Decision (DD) 810957 of June 2, 1995; Classification of a reversible jacket; men's v. women's

Dear Ms. Brown:

This is in response to your request of June 16, 1995, that Customs amend DD 810957 of June 2, 1995, classifying a reversible jacket as a men's garment. Your request and a sample garment were received by this office. After review, Customs agrees with your request. DD 810957 is being revoked for the reasons stated herein.

Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed revocation of DD 810957 was published September 27, 1995, in the Customs Bulletin, Volume 29, Number 39.

FACTS:

The garment at issue, style W2250JW021, is a reversible jacket with one outer shell of 100 percent cotton woven fabric and the other outer shell is of 100 percent polyester knit fabric. (We note the submitted sample had only one label indicating "100 % cotton, Made in Hong Kong".) The cotton woven shell is indicated as treated for water resistance. The garment features a full front opening with a reversible zipper for closure, pockets at the waist on both sides, rib knit cuffs and a rib knit bottom. The submitted sample is a size medium and the garment will be imported in sizes XS-XL.

In your May 23, 1995, letter requesting the initial classification ruling letter, you indicated that the subject -2-
garment was a men's garment. You are requesting modification of DD 810957 because after receiving the ruling, you were informed that the subject jacket is a women's garment. You indicate in your June 16th letter that the garment will be made in women's sizes and sold in with other women's apparel.

ISSUE:

Is the subject jacket, style W2250JW021, classifiable as a men's or women's jacket?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

As classification of the jacket as a cotton woven garment is not at issue, we will not set out the analysis upon which that decision is based, but only address the classification as a men's garment or a women's garment.

Note 8, Chapter 62, pertains to classification of garments by gender. That note states:

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 headings covering women's or girls' garments.

The reversible zipper closure precludes a gender determination based upon the direction of the closure. Thus, we must look to the cut of the garment. You have submitted a sizing chart for style W2250JW021 which indicates at the top of the chart that this garment is a Fall 95 women's jacket. You also submitted a sizing chart for a men's jacket, style 2250, which is the same style. A comparison of the sizing charts shows differences in the body length, sleeve length, back width and chest measurements. The body length, sleeve length and back -3-
width are greater for the men's jacket. The chest measurements were taken differently for each garment, so those numbers do not lend themselves to easy comparison.

Based on the sizing information, style W2250JW021 is sized for women, i.e., it is sized smaller than a comparable men's jacket to accommodate the generally smaller frame of women.

HOLDING:

Style W2250JW021 is properly classified as a women's jacket. If the jacket passes the water resistance test, Additional U.S. Note 2, Chapter 62, the jacket is classified in subheading 6202.92.1500, HTSUSA, textile category 335, dutiable at 6.6 percent ad valorem. If the garment does not pass the water resistance test, the jacket is classified in subheading 6202.92.2061, HTSUSA, textile category 335, dutiable at 9.4 percent ad valorem.

DD 810957 is hereby revoked. In accordance with section 625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Tariff Classification Appeals Division

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