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NY 869738

DECEMBER 30, 1991

CLA-2-62:S:N:N3I:357 869738


TARIFF NO.: 6210.50.1020

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

RE: The tariff classification of a unisex jacket from Japan

Dear Ms. Seabert:

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

The sample submitted, style name 902 Droid, is a jacket 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 jacket has a full front opening secured by a heavy-duty zipper which extends to the top of the collar. There is a double storm flap with snap tabs that covers the zipper area. A roll-up hood secured at the chin by a "VELCRO"-type fastener and a drawcord is concealed within the garment's collar by a plastic tab with snaps. The tab features the "Spyder" logo. The jacket has padding in the shoulders. There are two zippered front pockets at the waist, a zippered right chest pocket and a left chest pocket with snap tabs. The left chest pocket features a plastic label and a plastic hanging ornament bearing the "Spyder" trademark. On the right chest there is also a detachable plastic card holder held to the jacket by snaps. The waistband has an elastic drawcord. The sleeve cuffs are elasticized and have adjustable snap closures.

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 jacket 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 girls' garments, of man-made fibers, anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The jacket falls within textile category designation 635. 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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