CLA-2 CO:R:C:T 950185 PR
Mr. Jack Dweck
Chase International Corporation
350 Fifth avenue, Suite 1012
New York, New York 10118
RE: Classification of a Boy's Two-Piece Track-Style
"Jogging Suit"
Dear Mr. Dweck:
Your letter of July 12, 1991, addressed to Mr. William
Raftery, in our New York office, concerning the classification of
a boy's track suit-style jogging outfit, has been referred to
this office for reply. Our ruling on the matter follows.
FACTS:
The submitted sample is a set of garments--pants and a
jacket. Both articles consist of a woven nylon outer shell that
has been lined with a 65 percent polyester/35 percent cotton knit
fabric. It is stated that outer shells of both garments has a
600 mm polyurethane coating to make them waterproof. The
polyurethane application is not visible to the naked eye.
The jacket has a full front opening with a zipper that
extends through the collar, elastized cuffs and waistband, and
two front slant pockets at the waist. The body of the garment,
and most of the sleeves, is made from a blue fabric. The front
and back yokes are made from separate fabrics which are colored
differently. A 5-« inch wide (approximate) portion of each upper
arm area is also made from a different colored fabric.
The all blue trousers have an elasticized waist, side seam
pockets, a rear zippered pocket, elasticized leg bottoms, and
eight inch long zippers which extend vertically upward from the
leg bottoms. The set will be imported in boys sizes 8-18. This office has applied water to the jacket and pants and
determined that the fabrics forming the front yokes on the jacket
apparently have no plastics applied since they readily absorb the
water. The fabrics forming the rest of the garments do appear to
have water repellency properties.
ISSUE:
The following issues are presented:
(1) Are the garments "coated" for tariff purposes;
(2) If not, are they classifiable as a single unit--as a
suit, track suit, or ensemble; and
(3) If neither of the above, are the garments classifiable
under the provisions for water resistant garments.
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). 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. It appears that GRI 1
governs the classification of the subject merchandise.
Note 5 to Chapter 62, HTSUSA, provides that garments which
are classifiable, prima facie, in both Heading 6210, HTSUSA, and
any other heading of that chapter (other than 6209), are to be
classified in Heading 6210. Accordingly, if the outer shells are
coated (for tariff purposes), the samples are classifiable under
Heading 6210, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for garments made up of
fabrics of Heading 5903, HTSUSA. Heading 5903, HTSUSA, provides
for textile fabrics impregnated, coated, covered, or laminated
with plastics, other than tire cord fabrics. Note 2 to Chapter
59, HTSUSA, states that Heading 5903 applies to:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics, whatever the weight per square
meter and whatever the nature of the plastic material
(compact or cellular), other than:
(1) Fabrics in which the impregnation, coating or
covering cannot be seen with the naked eye * * * for
the purpose of this provision, no account should be
taken of any resulting change of color;
* * * Since the polyurethane application to the outer shells is
not visible to the naked eye, the fabrics are not "coated" for
tariff purposes and the garments are not classifiable under
Heading 6210.
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." Therefore, in the absence of a
provision requiring that the instant garments be classified
together as a set, they must be classified as separates.
To be classifiable as a set at the heading level, the
garments must be considered to be either a suit, an ensemble or
a track suit. The instant garments do not conform to the
requirements in Note 3(a), Chapter 62, for suits. Ensembles are
required by Note 3(b), Chapter 62, HTSUSA, to consist of
components of the same fabric construction, style, color and
composition. The two garments do not have the same colors, so
they do not qualify as ensembles.
Heading 6211 provides for "track suits." The Harmonized
Commodity Description and Coding System, Explanatory Notes, which
are the official interpretation of the HTSUSA at the
international level (for the 4 digit headings and the 6 digit
subheadings) 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 which are usually associated
in some manner with running or jogging.
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.
Consequently, 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 the fact that the merchandise in
question is intended to be worn 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.
Customs has no evidence that the instant garments are
designed and intended to be worn exclusively or mainly for
sporting activities and the responsible Customs National Import
Specialist has reported that, in his view, the subject
merchandise does not qualify as a track suit because it is not
worn exclusively or mainly in the pursuit of sporting activities.
Typically, the types of sporting activities engaged in
by children (assuming these outfits are worn at all for
sporting activities) would not involve wearing such an
outfit. These would include organized sports such as
baseball, soccer, basketball, etc., which involve
uniforms, and track and field sports that mostly
involve knit suits and outfits issued by schools. To
some extent children might play another sport such as
tennis which might involve wearing one of these
outfits, but we believe that would not be the norm
* * * Instead, this is general purpose apparel worn,
at most, only rarely during sports.
In view of the foregoing, the instant garments are not
classifiable under Heading 6210, or as a unit--a suit, ensemble,
or track suit. The remaining question is whether the garments
are classifiable under the water resistant provisions in Chapter
62.
For the purposes of certain specified subheadings,
Additional U.S. Note 2, Chapter 62, provides;
[T]he term "water resistant" means that garments
classifiable in those subheadings must have a water
resistance (see ASTM designations D 3600-81 and D 3781-79)
such that, under a head pressure of 600 millimeters, not
more than 1.0 gram of water penetrates after two minutes
when tested in accordance with AATCC Test Method 35-1985.
This water resistance must be the result of a rubber or
plastics application to the outer shell, lining or inner
lining. (italics supplied)
In Customs Headquarters Ruling (HRL) 087317, dated February
7, 1991, this office held that a jacket with a significant
portion not water resistant could not be classified under
provisions which require the garment to be water resistant. In
a similar manner, the sample jacket has significant portions
which are not water resistant (the front yokes) and, therefore,
the garment does not qualify as water resistant within the
purview of Additional U.S. Note 2.
HOLDING:
The two garments forming the set are classifiable
separately.
(1) The jacket is classifiable under the provision for boys'
woven windbreakers and garments, of man-made fibers, in
subheading 6201.93.3520, HTSUSA, with duty, as a product of
Taiwan, at the rate of 29.5 percent ad valorem. The textile and
apparel category applicable to this merchandise is 634.
(2) The pants are classifiable, if they meet the
requirements of Additional U.S. Note 2, under the provision for
men's or boys' woven water resistant trousers, of man-made
fibers, in subheading 6203.43.3500, HTSUSA, with duty, as product
of Taiwan, at the rate of 7.6 percent ad valorem. If the
trousers fail to meet the requirements of Additional U.S. Note 2,
they are classifiable under the provision for boys' woven man-made fiber trousers, in subheading 6203.43.4020, with duty, as a
product of Taiwan, at the rate of 29.7 percent ad valorem. In
either event, the textile and apparel category applicable to this
merchandise 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 prior
to 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 which 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