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NY 869690

DECEMBER 30, 1991

CLA-2-62:S:N:N3I:357 869690


TARIFF NO.: 6210.50.1035

Ms. Betsy G. Seabert
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, CO 80301

RE: The tariff classification of a unisex pair of trousers from Japan

Dear Ms. Seabert:

In your letter dated December 3, 1991 you requested a classification ruling.

The sample submitted, style name 901 Android, is a pair of trousers used for skiing and snowboarding. The garment is constructed of a woven 100% polyester fabric shell visibly coated on the inner surface with "Entrant".

The trousers have a fly zipper opening secured at the front waist by a tab with a "VELCRO"-type fastener and metal hooks. Hanging from the bottom of the waistband by a loop is a plastic ornament bearing the "Spyder" logo. Below the waist there are two diagonally zippered pockets with the a "Spyder" web design. On each side of the garment there is a double pull full zipper opening which extends down the length of each leg. A large patch pocket secured by snap tabs is located on the right leg. On the left leg there is a plastic label bearing the "Spyder" tradename. Small strips of padding are featured at the knees and in the seat. At the bottom of each trouser leg there is an elasticized ankle cuff with a snap tab and an overlapping flap approximately 13 inches in length. The overlapping flap is secured by three snaps and partially covers the side zippers. On the front of the waistband there are two self-fabric snap tabs that hold a textile belt with a plastic buckle. The belt is sewn to the trousers at the side seams. On the back of the garment the waistband is elasticized and there is a back bib with strap extensions that buckle to loops on the waist.

Although your letter says the garment is men's, the hangtag and your product catalogue clearly indicate that the merchandise is unisex. In the absence of contrary evidence the item is classifiable as unisex.

The applicable subheading for the trousers will be 6210.50.1035, 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 girls' garments, of man-made fibers, trousers, breeches and shorts. The duty rate will be 7.6 percent ad valorem.

The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Japan are presently subject to quota restraints and the requirement of a visa.

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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