The tariff classification of a man's double jacket set from Thailand; Unisex v. Men's

NY 807193 March 23, 1995 CLA-2-62:S:N:N5:357 807193 CATEGORY: Classification TARIFF NO.: 6201.92.2051; 6201.92.1000 Mr. Robert Persily Freight Brokers Internantional Inc. 1200 Brunswick Ave. P.O. Box 960219 Inwood, N.Y. 11096-0219 RE: The tariff classification of a man's double jacket set from Thailand; Unisex v. Men's Dear Mr. Persily: In your letters dated January 18, 1995 and February 17, 1995, on behalf of J. Crew Group Inc., you requested a classification ruling. The sample submitted, style number 88713, is a double jacket. The two-piece double jacket set consists of a thigh- length outer jacket and a hip-length inner jacket which can be zippered together along the front edges so as to be worn as one garment. Although the garments are worn together each can also be worn separately and will be classified as a separate garment. The outer jacket is constructed of a woven outershell composed of 70% cotton/30% nylon fabric. The garment has a body lining composed of a 70% cotton/30% nylon fabric and a sleeve lining composed of a 100% nylon fabric. The jacket has a full front opening secured by a double zipper pull closure as well as an inner zipper for attaching the inner jacket. There is a removable hood with a drawcord fastener. The hood is held to the garment by five snaps. Two double entry front pockets with a flap closure are located below the waist. Above the double entry pockets there are two zippered pockets and a zippered left chest pocket. An inner drawcord fastening is at the waist. The sleeve cuffs are partially elasticized and have an adjustable tab with a "VELCRO"-type fastener. The inner jacket is constructed of an outershell composed of a woven 100% cotton fabric. The garment has a quilted lining made from a 100% cotton fabric with a down fill. You state that the fill contains 23 percent by weight of down. The garment has a full front opening secured by a zipper with a reversible zipper pull. The jacket's sleeves are detachable and are held to the garment by zippers. There are two front pockets at the waist and an inner pocket. According to a sizing chart and catalog depiction of this garment set submitted with your inquiry in support of classification as unisex, the garments are sold to both men and women. However, the jackets appear to be made to men's sizing specifications with the only accommodation to women being the availability of a size XS. As such, these garments are still regarded as men's. The samples are being returned to you as you have requested. The applicable subheading for the outer jacket will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of cotton. The duty rate will be 9.9 percent ad valorem. The applicable subheading for the inner jacket will be 6201.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's anoraks, windbreakers and similar articles, of cotton: Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down. The duty rate will be 4.7 percent ad valorem. The outer jacket falls within textile category designation 334. The inner jacket falls within textile category designation 353. Based upon international textile trade agreements products of Thailand 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