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NY 860774

MAR 19 1991

CLA-2-62:S:N:N3I:357 860774


TARIFF NO.: 6210.50.1020

Ms. Saralee Antrim
Carmichael International Service
533 Glendale Boulevard
Los Angeles, California 90026-5097

RE: The tariff classification of a unisex outerwear garment from Hong Kong

Dear Ms. Antrim:

In your letter dated February 20, 1991, on behalf of your client, Patagonia, you requested a classification ruling.

The sample submitted, "Stretch Sidewinder Top", style number 85260, is a unisex outerwear garment intended to be worn during various water sports such as kayaking and sailing. The entire front of the garment and the front sleeves are composed of a 2.5 oz woven ripstop 100% nylon fabric shell visibly coated on the inner surface with "Sealcoat" and H2No water repellant finish. The entire back of the garment, approximately three quarters down the length of the back sleeves, and the collar and cuffs are composed of a knit nylon stretch fabric visibly coated with a waterproof film.

The garment is a pullover which has a snug collar and cuffs with contrasting colored gussets secured by "VELCRO"-type fastener tabs. There is a side seam zipper opening at the bottom hem. The side seam zipper also has a contrasting colored gusset and an overlapping flap secured by a snap. Through the bottom hem there is a stretch drawcord with a plastic cord stopper. The garment's zippered mesh chest pocket has a textile label hanging from the zipper pull. The label features the trade name "Patagonia".

If the garment is sold to both men and women and cannot be identified as exclusively men's then the applicable classification for the garment will be in the HTS subheading covering women's garments.

The sample is being returned to you as you have requested.

The applicable subheading for the outerwear garment will be 6210.50.1020, 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 women's or girl's garments, of man-made fibers, other, anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The garment falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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.


Jean F. Maguire
Area Director

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