CLA-2-62:S:N:N3I:357 869738
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.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport