HQ 954885: Classification of a jumpsuit; Heading 6211; men's v. women'sgarment; Legal Note 8 to Chapter 62

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954885

                        October 13, 1993

CLA-2  CO:R:C:T 954885 CAB

CATEGORY:  Classification

TARIFF NO.:  6211.32.0010

Maria Elena Gomez 
Bob Barker Company, Inc.
118 E. Jones St. 
Fuquay, North Carolina 27626

RE:  Classification of a jumpsuit; Heading 6211; men's v. women's
garment; Legal Note 8 to Chapter 62

Dear Ms. Gomez:

     This is in response to your inquiry of July 19, 1993,
requesting a tariff classification ruling for a woven jumpsuit
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).  The merchandise will be manufactured in
Brazil, Columbia, Ecuador, El Salvador, Mexico, and/or Peru. 
A sample was submitted for examination.

FACTS:

     The merchandise at issue is a jumpsuit referred to as Style
24220-XL.  The garment is constructed of 80 percent cotton/20
percent polyester woven fabric.  The garment contains short
sleeves, a pointed collar, a chest pocket, a partially
elasticized rear waist, a full frontal opening from the neck to
the crotch secured by six snaps, and closes left over right.  The
importer states that the garment is unisex and it is intended for
wear for both women and men.  The size range is XS to XXXL.

ISSUE:

     Whether the garment at issue is classifiable as a men's or
women's garment?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes.  Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's, taken in order.

     Legal Note 8 to Chapter 62, HTSUSA, which was recently
revised as of January 1, 1993, states the following:

     Garments of this chapter designed for left over right
     closure at the front shall be regarded as men's or boys'
     garments, and those designed for right over left closure at
     the front as women's or girls' garments.  These provisions
     do not apply where the cut of the garment clearly indicates
     that it is designed for one or other of the sexes.  

     Garments which cannot be identified as either men's or boys'
     garments or as women's or girls' garments are to be
     classified in the heading covering women's or girls'
     garments.  

     As the instant garment's means of closure is six snaps which
close left over right, there is a presumption that it is a men's
garment unless the cut indicates otherwise.  Customs believes
that cut refers to the construction or design detail created to
accommodate the body structure.  The aforementioned presumption
is premised on Legal Note 8 to Chapter 62, HTSUSA.  After
examining the garment in its totality, it appears that there are
no characteristics in regard to the cut that would indicate that
it was designed for a woman.  Consequently, the presumption that
the instant garment is constructed for a man based on the left
over right means of closure has not been overcome and it is
classifiable as a men's garment. 

HOLDING:

     Based on the foregoing, the garment at issue is classifiable
under subheading 6211.32.0010, HTSUSA, which provides for men's
cotton jumpsuits.  The applicable rate of duty is 8.6 percent ad
valorem and the textile restraint category is 359.  

     The designated textile and apparel category 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.



     Due to the changeable nature of the statistical annotation 
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importing the merchandise to determine the current status of
any import restraints or requirements.     

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division