CLA-2 CO:R:C:T 088181 JS
TARIFF.: 6211.43.0050; 6211.43.0040
Clover Leisure Inc.
9318 North 95th Way
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.
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.
Whether the presence of an inner lining precludes
classification of this merchandise as a track suit under 6211 of
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 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.
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
John Durant, Director
Commercial Rulings Division