CBP Shoots Down Unisex Claims for Chef's Coat Classification

Chef's coats claimed to be suitable for men or women are in fact designed for men based on the cut of the coats, CBP said in a Sept. 21 ruling (here). CBP's ruling came in response to Western Overseas, which requested reconsideration of a previous ruling that also found the coats should be classified as men's. Unisex clothing is automatically classified under the female clothing classification.

The company argued that the four styles of coats in question have “two rows of buttons, to allow left over right or right over left” closure, and therefore argue that they are unisex and classifiable in heading 6206 as “Women’s or girls’ blouses, shirts and shirt-blouses.” Although CBP previously ruled that a chef's coat was unisex based on note eight of Chapter 62, which describes classification based on button placement, other factors are still involved, the agency said. "We must still consider the cut of the garment and the cut and sew and other manufacturer’s specifications that you provided to determine whether there is a clear indication that the subject merchandise is designed for one or the other of the sexes," it said.

Specifically, CBP considered the coats' design details, such as the placement of "darts," which is stitching that creates the shape of a garment. It placed each of the coats on a female form to check fitting and noticed, for instance, "the size small garments were large on a size medium women’s form." Also considered were "sleeve length, lack of darts, and chest, waist, shoulder and sweep measurements," the agency said.

CBP wasn't required to consider how the coat closes because the cut indicates design for men, the agency said. Still, "we note that while the garment has a full frontal opening with a double row of five buttons that can be buttoned either left over right or right over left, the garments were designed to be closed left over right as demonstrated by the button closure on the left inside front panel, which is only functional when the garment is buttoned left over right," CBP said. The coats are therefore classifiable in subheading 6205.30.2070, as “Men’s or boys’ shirts: Of man-made fibers: Other: Other: Other: Other: Men’s.” The 2016 rate of duty is 29.1¢/kg plus 25.9%, it said.