NY 0860852 - The tariff classification of a unisex outerwear garment from Hong Kong - United States International Trade Commision Rulings

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NY 860852

MAR 21 1991

CLA-2-62:S:N:N3I:357 860852

CATEGORY: CLASSIFICATION

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 24, 1991, on behalf of your client, Patagonia, you requested a classification ruling.

The sample submitted, "Nemo Dry Top", style number 85251, is a unisex jacket designed to be worn during the pursuit of various water sports, such as sailing and kayaking. The garment is composed of a 3.7 oz woven nylon fabric shell visibly coated on the inner surface with "Sealcoat" and H2No water repellant finish.

The garment features rubber neck and wrist gaskets. There are overcuffs composed of a knit nylon with expanded neoprene covering the wrist gaskets. At the bottom of the garment an inner spray skirt with a stretch drawcord through the hem is covered by a 6 inch wide waistband composed of a knit nylon with expanded neoprene. The waistband has a shockcord with a plastic cord stopper through the bottom hem. 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.

Sincerely,

Jean F. Maguire
Area Director

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