CLA-2 CO:R:C:T 088181 JS

TARIFF.: 6211.43.0050; 6211.43.0040

William Horowitz
Clover Leisure Inc.
9318 North 95th Way
Suite 109
Scottsdale, AZ 85258

RE: Jogging Suit

Dear Mr. Horowitz:

This is in response to your October 10, 1990, request for classification of a jogging suit under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), and your letter of January 16, 1991. A sample of the merchandise at issue was attached for our review.

FACTS:

The sample at issue is a two piece jogging suit. The upper garment is a long sleeved jacket having a 100 percent nylon shell, and a woven fabric lining made of 65 percent polyester and 35 percent cotton. Two side slash pockets are placed on either side of the zippered front; the left hand pocket has a zipper as well. The collar provides turtleneck-style coverage when the jacket is closed. The sleeve cuffs have vertical 7 inch zippers which allow them to be rolled up, and an elasticized edge secures both cuffs and the waist.

The pants are made of the same fabric content as the jacket, and match the jacket's main color. The full inner lining is also 65 percent polyester/35 percent cotton fabric. Both the drawstring waist and the cuffs with vertical zippers are elasticized for secure fit. The pants also feature a zippered back pocket and two side slash pockets.

There is no evidence as to whether these garments are intended for wear by men or women.

ISSUE:

Whether the presence of an inner lining precludes classification of this merchandise as a track suit under 6211 of the HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6211, HTSUSA, provides for, inter alia, track suits. Although the applicable Explanatory Notes (EN) point towards an exclusion of lined jackets (EN 61.12 concerning track suits apply, mutatis mutandis, to the articles of this heading [6211, HTSUSA]), Customs analysis has been modified to employ the necessary considerations regarding the lining of woven track suits. HQ 087511 (January 14, 1991) stated that

In applying the "knitted" EN to the "woven" heading, we failed to take in account several physical differences between the two construction types. A knit construction in the outer shell of track suits is desirable because of the fabric's ability to both "breathe" and to wick away perspiration...Contrarily, woven outer shells of track suits do not solely impart the aforementioned characteristics...Track suits with a woven outer shell and an inner lining capable of imparting the characteristics enumerated above are therefore classifiable in heading 6211, HTSUSA, as track suits.

Track suits which contained a body lining of 65 percent polyester/35 percent cotton jersey knit fabric, and sleeve and trouser linings of 100 percent woven nylon fabric, were classified within heading 6211. Likewise, the jogging top and matching bottom at issue, which contain a poly/cotton woven liner throughout, are classifiable under this heading. The overall construction and appearance of the two garments further mark this merchandise as athletic wear; each piece complies with the characteristics of track suits outlined in EN 61.12, thereby making classification of this sample as a track suit of heading 6211 appropriate. Chapter 62, Note 8 requires that articles of this chapter which cannot be identified as either men's or boys' garments or women's or girls' garments are to be classified in the headings concerning women's or girls' garments.

HOLDING:

The merchandise at issue is classified as follows: the jacket top under subheading 6211.43.0050, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers, track suits: other, textile category 635 and dutiable at the rate of 17 percent ad valorem; the pants bottom is classified under subheading 6211.43.0040, HTSUSA, track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers, track suits: trousers, textile category 648, dutiable at the rate of 17 percent ad valorem.

With regard to your question in the matter of lined track suits before the United States Court of International Trade, this ruling is consistent with Judge Watson's order of December 11, 1990, for stipulated judgement on the agreed statement of facts.

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 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 the 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