CLA-2-62:S:N:N5:357 810959
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
New York Seaport