CLA-2 CO:R:C:G 084736 HP
Ms. Betty Foerster
F.W. Myers & Co., Inc.
2543 N.W. 72nd Avenue
Miami, Florida 33122
RE: Classification of a ladies' track suit
Dear Ms. Foerster:
In a letter dated September 23, 1988 (NYRL 831923), the
Acting Area Director, New York Seaport, issued you a ruling
letter with respect to tariff classification of a ladies' track
suit, consisting of a 100 percent woven nylon outer shell and a
blended lining, with different color fabrics in the two garments,
produced in Hong Kong. In the ruling letter, the suit was
classified under the provisions for women's track suits, of man-
made fibers, subheadings 6211.43.0040 and 6211.43.0050,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise described in NYRL 831923 was a two-piece
track suit, consisting of a printed jacket and solid colored
pants, both manufactured with a woven nylon outershell and a
lining of a blended fabric.
ISSUE:
Whether the presence of a lining precludes classification of
the track suit under heading 6211, HTSUSA?
LAW AND ANALYSIS:
Heading 6211, HTSUSA, provides for track suits. The
Explanatory Notes to the HTSUSA constitute the official
interpretation of the tariff at the international level.
Explanatory Note 62.11 states that the "provisions of the
Explanatory Note to heading 61.12 concerning track suits, ...
mutatis mutandis, to the articles of this heading." Explanatory
Note 61.12 provides, in pertinent part:
(A) Track suits, i.e., knitted articles consisting of
two pieces, not lined but sometimes with a raised
inner surface (nap) which, because of their
general appearance and the nature of the fabric,
are clearly meant to be worn exclusively or mainly
in the pursuit of sporting activities. [Emphasis
added].
As a result, classification of the instant merchandise under
Heading 6211, HTSUSA, is incorrect.
Heading 6204, HTSUSA, provides for women's or girls'
ensembles. The General Rules of Interpretation (GRI's) to the
HTSUSA govern the classification of goods in the tariff schedule.
Goods which cannot be classified in accordance with GRI 1 are to
be classified in accordance with subsequent GRI's, taken in
order.
GRI 1 states, in pertinent part:
... classification shall be determined according to the
terms of the headings and any relative section or
chapter notes ....
Note 3(b) to Chapter 62, HTSUSA, restricts ensembles to
components with "the same fabric construction, style, color and
composition.... The term "ensemble" does not apply to track
suits...." Therefore, the instant merchandise is not
classifiable under heading 6204, HTSUSA.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified as follows: the jacket is under subheading
6202.93.5010, HTSUSA, textile category 635, as women's or girls'
overcoats, carcoats, capes, cloaks, anoraks (including ski-
jackets), windbreakers and similar articles (included padded,
sleeveless jackets), other than those of heading 6204, anoraks
(including ski-jackets), windbreakers and similar articles
(including padded, sleeveless jackets), of man-made fibers,
other, other, other, other, women's. The applicable rate of duty
is 29.5 percent ad valorem. The trousers are under subheading
6204.63.3510, HTSUSA, textile category 648, as women's or girls'
suits, ensembles, suit-type jackets, blazers, dresses, skirts,
divided skirts, trousers, bib and brace overalls, breeches and
shorts (other than swimwear), trousers, bib and brace overalls,
breeches and shorts, of synthetic fibers, other, other, other,
other, other, women's. The applicable rate of duty is 30.4
percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.
Pursuant to section 177.9, Customs Regulations (19 CFR
{177.9), the ruling letter of September 23, 1988 is modified in
conformity with the foregoing.
Sincerely,
John Durant, Director
Commercial Rulings Division