CHAPTER 62
  ARTICLES OF APPAREL AND CLOTHING ACCESSORIES, NOT KNITTED OR CROCHETED  1See section XI, statistical note 4.
XI
62-1
Notes
1. This chapter applies only to made up articles of any textile fabric other than wadding, excluding knitted or crocheted articles (other than those of heading 6212).
2. This chapter does not cover:
(a) Worn clothing or other worn articles of heading 6309;
(b) Orthopedic appliances, surgical belts, trusses or the like (heading 9021).
3. For the purposes of headings 6203 and 6204:
(a) The term "suit" means a set of garments composed of two or three pieces made up, in respect of their outer surface, pieces made up in identical fabric, and comprising:
- one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in addition whose front is made from the same fabric as the outer surface of the other components of the set and whose back is made from the same fabric as the lining of the suit coat or jacket; and
- one garment designed to cover the lower part of the body and consisting of trousers, breeches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces nor bibs.
All of the components of a "suit" must be of the same fabric construction, color and composition; they must also be of the same style and of corresponding or compatible size. However, these components may have piping (a strip of fabric sewn into the seam) in a different fabric.
If several separate components to cover the lower part of the body area presented together (for example, two pairs of trousers or trousers and shorts, or a skirt or divided skirt and trousers), the constituent lower part shall be one pair of trousers, or, in the case of women's or girls' suits, the skirt or divided skirt, the other garments being considered separately.
The term "suit" includes the following sets of garments whether or not they fulfill all the above conditions:
- morning dress, comprising a plain jacket (cutaway) with rounded tails hanging well down at the back and striped trousers;
- evening dress (tailcoat), generally made of black fabric, the jacket of which is relatively short at the front, does not close and has narrow skirts cut in at the hips and hanging down behind;
- dinner jacket suits, in which the jacket is similar in style to an ordinary jacket (though perhaps revealing more of the shirt front), but has shiny silk or imitation silk lapels.
(b)  The term "ensemble" means a set of garments (other than suits and articles of heading 6207 or 6208) composed of several pieces made up in identical fabric, put up for retail sale, and comprising:
- one garment designed to cover the upper part of the body, with the exception of waistcoats which may also form a second upper garment, and
- one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib and brace overalls, breeches, shorts (other than swimwear), a skirt or a divided skirt.
All of the components of an ensemble must be of the same fabric construction, style, color and composition; they also must be of corresponding or compatible size. The term "ensemble" does not apply to track suits or ski-suits of heading 6211.
4. Headings 6205 and 6206 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment. Heading 6205 does not cover sleeveless garments.  
?Shirts? and ?shirt-blouses? are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline. ?Blouses? are loose-fitting garments also designed to cover the upper part of the body but may be sleeveless and with or without an opening at the neckline. ?Shirts?, ?shirt-blouses? and ?blouses? may also have a collar.  
5.      For the purposes of heading 6209:     
(a)  The expression "babies' garments and clothing accessories" means articles for young children of a body height not exceeding 86 centimeters;
(b)  Articles which are, prima facie, classifiable both in heading 6209 and in other headings of this chapter are to be classified in heading 6209.               
6.       Garments which are, prima facie, classifiable both in heading 6210 and in other headings of this chapter, excluding heading 6209, are to be classified in heading 6210.     
7.       For the purposes of heading 6211,"ski-suits" means garments or sets of garments which, by their general appearance and texture, are identifiable as intended to be worn principally for skiing (cross-country or alpine). They consist either of:     
(a)  A "ski overall," that is, a one-piece garment designed to cover the upper and the lower parts of the body; in addition to sleeves and a collar the ski overall may have pockets or footstraps; or
(b)  A "ski ensemble," that is, a set of garments composed of two or three pieces, put up for retail sale and comprising:
- one garment such as an anorak, windbreaker or similar article, closed by a slide fastener (zipper), possibly with a waistcoat in addition, and
- one pair of trousers whether or not extending above waist level, one pair of breeches or one bib and brace overall.
The "ski ensemble" may also consist of an overall similar to the one mentioned in paragraph (a) above and a type of padded, sleeveless jacket worn over the overall.
All the components of a "ski ensemble" must be made up in a fabric of the same texture, style and composition whether or not of the same color; they also must be of corresponding or compatible size.
8.      Scarves and articles of the scarf type, square or approximately square, of which no side exceeds 60 centimeters, are to be classified as handkerchiefs (heading 6213). Handkerchiefs of which any side exceeds 60 centimeters are to be classified in heading 6214.     
9.      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 headings covering women's or girls' garments.
    10.      Articles of this chapter may be made of metal thread.     
Additional U.S. Notes
1.  For the purpose of heading 6209, the term "sets" means two or more different garments of headings 6111, 6209 or 6505 imported together, of corresponding sizes and intended to be worn together by the same person.
  2.  For the purposes of subheadings 6201.30.40, 6201.30.70, 6201.40.45, 6201.40.70, 6202.30.40, 6202.30.70, 6202.40.45, 6202.40.70, 6203.41.01, 6203.41.25, 6203.43.03, 6203.43.11, 6203.43.55, 6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02, 6204.63.09, 6204.63.55, 6204.63.75 and 6211.20.15, the term "water resistant" means that garments classifiable in those subheadings must have a water resistance (see current version of ASTM D7017) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with the current version of AATCC Test Method 35. This water resistance must be the result of a rubber or plastics application to the outer shell, lining or inner lining.  
3. (a) When used in a subheading of this chapter or immediate superior text thereto, the term 'recreational performance outerwear' means trousers (including, but not limited to, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls, bib and brace overalls, jackets (including, but not limited to, full zip jackets, ski jackets and ski jackets intended for sale as parts of ski-suits), windbreakers and similar articles (including padded, sleeveless jackets), the foregoing of fabrics of cotton, wool, hemp, bamboo, silk or manmade fibers, or a combination of such fibers; that are either water resistant within the meaning of additional U.S. note 2 to this chapter or treated with plastics, or both; with critically sealed seams, and with 5 or more of the following features (as further provided herein):
(i) insulated for cold weather protection;
(ii) pockets, at least one of which has a zippered, hook and loop, or other type of closure;
  (iii) elastic, draw cord or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and tightening around the waist or bottom hem for jackets;  
(iv) venting, not including grommet(s);
(v) articulated elbows or knees;
(vi) reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles or cuffs;
(vii) weatherproof closure at the waist or front;
(viii) multi-adjustable hood or adjustable collar;
(ix) adjustable powder skirt, inner protective skirt or adjustable inner protective cuff at sleeve hem;
(x) construction at the arm gusset that utilizes fabric, design or patterning to allow radial arm movement; or
(xi) odor control technology
The term 'recreational performance outerwear' does not include occupational outerwear. 
(b) For purposes of this note, the following terms have the following meanings: 
(i) the term 'treated with plastics' refers to textile fabrics impregnated, coated, covered or laminated with plastics, as described in note 2 to chapter 59.
(ii) The term 'sealed seams' means seams that have been covered by means of taping, gluing, bonding, cementing, fusing, welding or a similar process so that air and water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35.
(iii) The term 'critically sealed seams' means--
(A) for jackets, windbreakers and similar articles (including padded, sleeveless jackets), sealed seams that are sealed at the front and back yokes, or at the shoulders, arm holes, or both, where applicable; and
(B) for trousers, overalls and bib and brace overalls and similar articles, sealed seams that are sealed at the front (up to the zipper or other means of closure) and back rise.
(iv) The term 'insulation for cold weather protection' means insulation that meets a minimum clo value of 1.5 per ASTM F 2732.
(v) The term 'venting' refers to closable or permanent constructed openings in a garment (excluding front, primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In trousers, such openings are often positions on the inner or outer leg seams of a garment but may also be placed along other seams in the front or back of a garment. 
(vi) The term 'articulated elbows or knees' refers to the construction of a sleeve (or pant leg) to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets or other means. 
(vii) the term 'reinforcement' refers to the use of a double layer of fabric or section(s) of fabric that is abrasion-resistant or otherwise more durable than the face fabric of the garment. 
(viii) The term 'weatherproof closure' means a closure (including, but not limited to, laminated or coated zippers, storm flaps or other weatherproof construction) that has been reinforced or engineered in a manner to reduce the penetration or absorption of moisture or air through an opening in the garment.
  (ix) the term 'multi-adjustable hood' or adjustable collar' means, in the case of a hood, a hood into which is incorporated two or more draw cords, adjustment tabs or elastics, or, in the case of a collar, a collar into which is incorporated at least one draw cord, adjustment tab, elastic or similar component, to allow volume adjustments around a helmet, or around the crown of the head, neck, or face.  
(x) The terms 'adjustable powder skirt' and 'inner protective skirt' refer to a partial lower inner lining with means of tightening around the waist for additional protection from the elements.
(xi) The term 'arm gusset' means construction at the arm of a gusset that utilizes an extra fabric piece in the underarm, usually diamond- or triangular-shaped, designed or patterned to allow radial arm movement.
(xii) The term 'radial arm movement' refers to unrestricted 180-degree range of motion for the arm while wearing performance outerwear. 
(xiii) The term 'odor control technology' means the incorporation into a fabric or garment of materials, including, but not limited to, activated carbon, silver, copper or any combination thereof, capable of adsorbing, absorbing or reacting with human odors, or effective in reducing the growth of odor-causing bacteria.
(xiv) The term 'occupational outerwear' means outerwear garments, including uniforms, of a kind principally used in the work place and specially designed to provide protection from work place hazards such as fire, electrical, abrasion or chemical hazards, or impacts, cuts and punctures. 
(c) The importer of goods entered as 'recreational performance outerwear' under a particular subheading of this chapter shall maintain records demonstrating that the entered goods meet the terms of this note, including such information as is necessary to demonstrate the present of the specific features that render the goods eligible for classification as 'recreational performance outerwear'.
  Statistical Notes
1. For the purposes of subheadings 6203.21.00, 6203.22.30, 6203.23.00, 6203.29.20, 6204.21.00, 6204.22.30, 6204.23.00 and 6204.29.20, merchandise entered together and classified for customs purposes as an ensemble, shall be reported statistically as separate articles and reported under the most appropriate 10-digit reporting number within the same 8-digit tariff subheading which provides for the ensemble.
2. Certain garments of chapter 62 assembled abroad from components formed and cut in the United States which, after assembly have been subject to bleaching, garment dyeing stone-washing, acid-washing or perma-pressing abroad, may be eligible for entry under a Special Access Program or Special Regime. Eligibility must be established under a bilateral agreement, and entry must be in compliance with procedures established by the Committee for the Implementation of Textile Agreements. The importer is required to identify such garments on the entry summary or withdrawal forms by placing the symbol "H" as a prefix to the appropriate 10-digit chapter 62 tariff number.
3.. Certain garments of chapter 62, manufactured (cut and assembled) from fabric formed in the United States, may be eligible for entry under the Outward Processing Program for textiles and apparel. Eligibility must be in compliance with procedures established by the Committee for the Implementation of Textile Agreements (CITA). The importer is required to identify such garments on the entry summary or withdrawal forms by placing the symbol "S" as a prefix to the appropriate 10-digit chapter 62 tariff number.
          4.          For the purpose of statistical reporting numbers 6203.43.1110, 6203.43.7510, 6204.63.0910, 6204.63.7510, 6210.40.2531, 6210.40.5531, 6210.50.0531 and 6210.50.5531, the term "ski/snowboard pants" means ankle-length pants made of synthetic fabrics with or without insulation for cold weather protection, with pockets, at least one of which has a zippered or hook and loop closure, sealed seams at the front (up to the zipper or other means of closure) and back rise, hidden leg sleeves with a means of tightening at the ankle, and with one or more of the following: side openings, scuff guards or reinforcement in the seat. A sealed seam is a seam that is sealed by means of taping, gluing, bonding, cementing, fusing or similar process so that air and water cannot pass through.        

Back