CLA-2 CO:R:C:T 951532 CAB
Area Director of Customs
U.S. Customs Service
JFK International Airport
Bldg. 178
Jamaica, NY 11430
RE: Request for Internal Advice No. 16/92; Classification of
Jacket and Pants as a Track Suit
Dear Sir:
This ruling is in reply to the Request for Internal Advice
dated January 28, 1992, from Sharretts, Paley, Carter & Blauvelt,
P.C., on behalf of Fleet Sheet, Ltd., concerning the
classification of jackets and trousers under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). Samples
were submitted for examination.
FACTS:
The size extra large sample consists of a pair of color-
coordinated trousers and jacket. Both garments contain an outer
shell of 100 percent woven nylon and a complete lining of 65
percent polyester and 35 percent cotton fabric. The weight of
the lining is substantial enough to provide insulation and
warmth. The blue, white, and gold jacket has a full front
opening with a metal zipper that extends to the top of the
collar, elasticized waistband and cuffs, and a collar that is
tightened by a folded drawstring. The jacket also contains slant
pockets at the waist with metal zippers, sewn-in shoulder pads,
and quilting at the sides of the upper half of the zipper and the
front of the upper arms. The all blue pants have an elasticized
waistband and cuffs, two side slash pockets, and vertical zippers
at the outer ankle. The merchandise size range consists of
small, medium, large, and extra large.
The importer contends that a large volume of the merchandise
will be sold to Herman's Sporting Goods Store. The importer also
submitted a circular from Herman's advertising similar garments
as "warmups".
ISSUE:
Whether the sample merchandise is classifiable as track
suits, or whether they are classifiable as separates?
LAW AND ANALYSIS:
Imported goods are classifiable according to the General
Rules of Interpretation (GRIs) of the HTSUSA. GRI 1 provides
that classification shall be determined according to the terms of
the headings and any relative section or chapter notes.
Merchandise that cannot be classified in accordance with GRI 1
are to be classified in accordance with subsequent GRIs taken in
order.
Heading 6211, HTSUSA, provides for, inter alia, track suits.
The Explanatory Notes, which are the official interpretation of
the HTSUSA at the international level 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.
In Headquarters Ruling Letter (HRL) 088569, dated May 31,
1991, Customs determined that only garments which are commonly
and commercially known as "track suits" are classifiable as
"track suits." Customs has consistently ruled that in order to
warrant classification in the track suit category, the garment
must be worn for running, jogging, or related activities. See
HRL 950203, dated November 21, 1991; HRL 088569, dated May 31,
1991; HRL 089770, dated August 23, 1991. Customs has also ruled
that woven track suits may have linings. See HRL 087511, dated
January 14, 1991; HRL 087966, dated January 30, 1991.
You assert that the sample items are classifiable as a track
suit. Customs, however, does not agree with this assertion. As
a result of fashion trends, garments that resemble track suits
are being worn primarily for leisure activities. Since the EN
specifically state that the garments must be worn "exclusively or
mainly" in the pursuit of sporting activities, all-purpose
garments are not classifiable in the track suit category.
In this instance, the sample garments do not have the
general appearance of a track suit. Customs has consistently
ruled that garments associated with running and jogging may be
lined as long as the purpose of the lining is breathing and
wicking away moisture from the skin. However, the extensive
quilted insulation in the sample jacket precludes it from being
functional for athletic purposes. Thus, the substantial
insulation in the jacket seems to be constructed for warmth in
nonathletic activities. See HRL 089450, dated August 15, 1991,
Customs ruled that the purpose of a track suit-like garment with
an inner lining of flannel fabric was warmth; and therefore, not
classifiable as a track suit.
Other features that detract from the track suit
classification claim are the shoulder pads in the jacket, a metal
D-ring with a fabric tab at the waist of the jacket, and the
locking collar drawstring. After examining all of the
characteristics in their totality, we believe that the sample
garments are meant to be worn as leisurewear and not principally
for sporting endeavors.
Although you submitted advertisements from Herman's Sporting
Goods Store as evidence of the sample garments being marketed and
sold as "warmups", the general appearance of the garments do not
clearly indicate that the goods are to be used "exclusively or
mainly" for sporting activities.
HOLDING:
Based on the foregoing, the jacket is classifiable in
subheading 6202.93.5010, HTSUSA, which provides for women's or
girls' overcoats, carcoats, capes, cloaks, anoraks (including
ski-jackets), windbreakers and similar articles (including
padded, sleeveless jackets), other than those of Heading 6204.
The applicable rate of duty is 29.5 percent ad valorem. The
textile category is 635.
The trousers are classifiable in subheading 6204.63.3510,
HTSUSA, which provides for women's or girls' suits, ensembles,
suit-type jackets, blazers, dresses skirts, divided skirts,
trousers, bib and brace overalls, breeches and shorts (other than
swimwear). The applicable rate of duty is 30.4 percent ad
valorem. The textile category is 648.
Sincerely,
John Durant, Director
Commercial Rulings Division