CLA-2 CO:R:C:G 085334 CMR

6203.43.3500, 6204.23.0030, 6202.93.5010,
6204.23.0040, 6204.63.3510

Peter S. Herrick, Esq.
825 S. Bayshore Drive
Suite 548
Miami, Florida 33131

RE: Classification of track suits and reconsideration of NYRL 831923

Dear Mr. Herrick:

This ruling is in response to your letter of August 3, 1989, on behalf of your client, Tail, Inc., regarding the classification of men's and women's track suits. Additionally, you have requested that this office affirm NYRL 831923 of September 23, 1988, which classified a lined top and lined pants set as a track suit in subheading 6211.43.0050, HTSUSA.

FACTS:

The goods at issue are a men's track suit (blue outfit) and a women's track suit (pink outfit). The men's outfit, style W3000, has a 100 percent nylon shell. The jacket is lined with a 60 percent cotton/40 percent polyester knit fabric, while the pants are lined with a 65 percent polyester/35 percent cotton woven fabric. The jacket has a front zipper closure, long sleeves, elasticized cuffs and waistband, two front pockets at the waist, knit collar, and a noncontrasting embroidered logo on the jacket's left chest area. The pants have an elasticized waistband with a drawstring, side vent pockets, a back pocket, and a stitched crease down the front of the pants legs.

The women's outfit, style C7850, has a 100 percent polyester shell and a knit lining of 60 percent cotton/40

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percent polyester. The jacket has a front zipper closure, long sleeves, elasticized cuffs and waistband, two front pockets at the waist, removable shoulder pads, and a stand-up collar. The pants have an elasticized waistband with a drawstring, side vent pockets, and zipper closures at the ankles.

ISSUE:

Are the subject garments classifiable as track suits, or is such classification precluded because the garments are lined?

Were similar garments correctly classified in NYRL 831923 of September 23, 1988?

LAW AND ANALYSIS:

NYRL 831923 of September 23, 1988, has already been the subject of reconsideration in this office in two separate rulings. HRL 083139 of July 21, 1989, modified NYRL 831923 to reflect classification of the garments subject to that ruling in subheadings for water resistant garments. HRL 084736 of June 13, 1989, also reconsidered the classification of the garments which were the subject of NYRL 831923. In this instance, the reconsideration addressed the issue of the presence of the linings in the garments. In that ruling, this office ruled that the presence of a lining precluded classification of the garments as a track suit. Therefore, following HRL 084736 (copy enclosed), the garments at issue here are precluded from classification as track suits due to the presence of a lining.

Please note that the garment ruled on in HRL 083139, which is referred to therein as a rainsuit, is virtually identical to the women's track suit at issue herein. The use of the term rainsuit to describe the garment in HRL 083139 is no doubt due to the claim that the garment was water resistant. If such a claim had not been made, the garment most likely would have been referred to as a track suit which is how it was referred to in NYRL 831923.

The garments at issue might be classifiable as ensembles provided they meet the requirements of that term as set forth in the Legal Notes for Chapter 62. Note 3(b) states:

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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 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.

The women's outfit appears to meet the requirements for classification as an ensemble. The jacket and pants are of identical fabric construction, style, color and composition, and the garments are of corresponding or compatible size. Provided they are put up as a set for retail sale, the garments of the pink outfit are classifiable as an ensemble.

The men's outfit is not classifiable as an ensemble because the jacket and pants are not of identical fabric construction and composition. The lining of the jacket is 60 percent cotton/40 percent polyester knit fabric, while the pants are lined with a 65 percent polyester/35 percent cotton woven fabric. Additionally, the jacket has a rib knit collar. The pants have no rib knit fabric as part of their construction. Due to these differences, the blue outfit cannot be classified as an ensemble.

HOLDING:

The garments at issue are classified as follows:

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The jacket of the men's outfit is classified under the subheading for anoraks, windbreakers and similar articles in subheading 6201.93.3510, HTSUSA, textile category 634, dutiable at 29.5 percent ad valorem. The pants are classified in subheading 6203.43.4010, HTSUSA, textile category 647, dutiable at 29.7 percent ad valorem. If the fabrics of the garments are coated so as to render them water resistant, the jacket would be classified in subheading 6201.93.3000, HTSUSA, textile category 634, dutiable at 7.6 percent ad valorem, and the pants would be classified in subheading 6203.43.3500, HTSUSA, textile category 647, dutiable at 7.6 percent ad valorem.

The women's outfit is classified under the subheading for ensembles of synthetic fibers. The jacket is classified in subheading 6204.23.0030, HTSUSA, textile category 635, dutiable at 29.5 percent ad valorem. This is the rate of duty that would apply if the garment did not qualify as an ensemble and was therefore classified in subheading 6202.93.5010, HTSUSA. The pants are classified in subheading 6204.23.0040, HTSUSA, textile category 648, dutiable at 30.4 percent ad valorem. This is the rate of duty that would apply if the garment did not qualify as an ensemble and was therefore classified in subheading 6204.63.3510, HTSUSA. If the fabrics of the garments are coated so as to render them water resistant, the classification remains the same, but the rate of duty changes so that the jacket and pants are dutiable at 7.6 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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, you should contact your

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local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


Sincerely,

John Durant, Director
Commercial Rulings Division

reese library 085334
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins
CReese:za:11/30/89