CLA-2 CO:R:C:T 089770 PR
Mr. Khem Lall
R.H. Macy Corporate Buying
Eleven Penn Plaza
New York, New York 10001
RE: Classification of Boys' Athletic-Style Garments--Are They
Track Suits?
Dear Mr. Lall:
This is in reply to your letter of May 15, 1991, concerning
the classification of two garments you describe as a boy's track
suit, made in Taiwan. Our ruling on the matter follows.
FACTS:
The submitted sample (style #7513-8) consists of two
garments, a jacket and trousers. The waist-length jacket, made
of red, white, and blue colored fabrics, has a woven nylon outer
shell and a knit nylon lining, a collar, a full front zippered
opening, two large horizontal opening pockets above the
elasticized waistband, and long sleeves with elasticized cuffs.
There are seven large blue stars arranged in a row extending down
the right sleeve and large red and blue letters that extend down
the left sleeve. The unlined red, white and blue trousers (but
will be lined when imported) have a woven nylon outer shell, two
side seam and one rear pocket, an elasticized waistband with a
drawstring, and elasticized leg bottoms. They will be imported in
boys' sizes 8-20 and we assume that they will be packaged
together for retail sale.
ISSUE:
The issue presented by this ruling request is whether the
garments to be imported are classifiable under the provisions for
track suits, or whether they are classifiable individually as
separates.
LAW AND ANALYSIS:
Imported goods are classifiable according to the General
Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule
of the United States (HTSUSA). In this instance, GRI 1 governs
the classification of the merchandise. GRI 1 provides that for
legal purposes, classification shall be determined according to
the terms of the headings in the tariff and according to any
pertinent section or chapter notes.
Note 13, Section XI, HTSUSA, provides that unless "the
context otherwise requires, textile garments of different
headings are to be classified in their own headings even if put
up in sets for retail sale." Accordingly, in the absence of a
provision requiring that the instant garments be classified as a
set, they must be classified as separates.
To be classifiable as a unit at the heading (but not
necessarily at the subheading) level, the garments must be
considered to be either an ensemble or a track suit. Ensembles
are required by Note 3(b), Chapter 62, HTSUSA, to consist of
components of the same fabric construction, style, color and
composition. The pants portion does not have the same designs
(stars and decorative lettering) as the jacket so the two
garments do not qualify as an ensemble.
Heading 6211 provides for "track suits." The Harmonized
Commodity Description and Coding System, Explanatory Notes, the
official interpretation of the HTSUSA at the international level
(for the 4 digit headings and the 6 digit subheadings). The
Explanatory Notes state that track suits consist of two garments,
one for the upper body and a pair of trousers, 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." (at page 841)
In Customs Headquarters Letter Ruling (HRL) 088569, dated
May 31, 1991, it was held that only garments which are commonly
and commercially known as "track suits" are classifiable as
"track suits." These are garments that are usually associated in
some manner with running or jogging.
In this instance, although Customs has previously ruled that
woven track suits may have linings, HRL 087511, dated January 14,
1991, HRL 087966, dated January 30, 1991, we do not believe that
the instant merchandise is classifiable as track suits. We note
that due to fashion changes, many all purpose and leisure-type
garments are styled to resemble warm-up and track suits. These
garments can be seen being worn in grocery stores, on play
grounds, etc., and are virtually indistinguishable in appearance
from real warm-up and track suits. Since track suits must be
worn exclusively or mainly for sporting activities (related to
running and jogging), garments which are not intended for those
type activities will most likely be worn for leisure and other
nonrunning and nonjogging activities and only occasionally worn
for activities related to running or jogging.
Accordingly, when sets of garments are stated to be track
suits, but appear to Customs to be leisure or multipurpose
garments, evidence should be presented to the Customs classifying
officer sufficient to establish that the merchandise in question
is intended for wear during running or jogging, or related
activities. In the absence of such evidence, Customs may
classify such garments under provisions other than those which
provide for track suits.
HOLDING:
In regard to the garments in question, we have no evidence
that they are intended for use during running, jogging, or
related activities. They appear to be garments that can and
would be worn for nonsporting activities. Therefore, the
garments are not classifiable as track suits and must be
classified separately.
The jacket is classifiable under the provision for anoraks,
windbreakers, and similar garments, of man-made fibers, in
subheading 6201.93.3520, HTSUSA, with duty at the rate of 29.5
percent ad valorem The trousers are classifiable under the
provision for other trousers of synthetic fibers, in subheading
6203.43.4020, HTSUSA, with duty at the rate of 29.7 percent ad
valorem. The designated textile and apparel category applicable
to the jacket is 634 and the category applicable to the trousers
is 647.
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 before
importation of this merchandise to determine the current status
of any import restraints or requirements.
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 that 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.
Sincerely,
John Durant, Director
Commercial Rulings Division