CLA CO:R:C:T 952080 jb
Mr. Arthur Stein
ETA Import & Export Ltd.
248-06 Rockaway Blvd.
Suite 286
Jamaica, NY 11422
RE: Women's woven warm-up suits, size range 38-44; EN to heading
6112, HTSUSA; Additional U.S. Note 1(a); heading 6211,
HTSUSA
Dear Mr. Stein:
This is in reply to your inquiry, dated May 18, 1992, on
behalf of your client, Extra Sportswear, requesting the tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), of a women's woven warm-up suit
imported from China. A sample was provided to this office for
examination.
FACTS:
The sample submitted, Style number 35704, is a size 44/24W
suit, for larger size women. Both the jacket and pants have an
outershell of a crinkle nylon fabric and are lined with a jersey
knit fabric. The jacket has a partial front zipper opening with
a zip-through collar, a tunneled drawstring in the collar, side
seam pockets at the waist, elasticized cuffs and waistband, and a
cover over the zipper opening. The trousers have an elasticized
waist with no break, side seam pockets and vertical zippers at
the cuffs which are elasticized.
ISSUE:
Whether the warm-up suit is classifiable as a track suit in
heading 6211, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes. Where goods cannot be classified on the basis of GRI 1,
the remaining GRI will be applied, in the order of their
appearance.
Heading 6211, HTSUSA, provides for, inter alia, track suits.
The Explanatory Notes (EN) to the Harmonized Commodity
Description and Coding System, the official interpretation of the
tariff at the international level, to heading 6112, HTSUSA, apply
mutatis mutandis to the provisions of heading 6211, HTSUSA.
In defining track suits the EN state:
Track suits... 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.
Track suits consist of two garments, namely:
- A garment meant to cover the upper part of the body down
to or slightly below the waist. It has long sleeves, with
ribbed or elasticated bands, zip fasteners or other
tightening elements at the cuffs. Similar tightening
elements, including drawstrings, are generally to be found
at the bottom of this garment. When it has a partial or
complete opening at the front, it is generally fastened by
means of a slide fastener (zipper). It may or may not be
fitted with a hood, a collar and pockets.
- A second garment (a pair of trousers) which may be either
close or loose fitting, with or without pockets, with an
elasticated waistband, drawstring or other means of
tightening at the waist, with no opening at the waist and
therefore no buttons or other fastening system. However,
such trousers may be fitted with ribbed or elasticated
bands, slide fasteners (zippers) or other tightening
elements at the bottom of the trouser-legs which generally
go down to ankle level. They may or may not have
footstraps.
In Headquarters Ruling Letter (HRL) 950203, dated November
21, 1991, Customs determined that the governing standard for the
classification of track suits is "principle use" as set forth in
Additional U.S. Note 1(a). In order for garments to be
classifiable in heading 6211, HTSUSA, they must be in the class
or kind of merchandise whose principle use is in the sporting
activities involving running or jumping.
In HRL 088569, dated May 31, 1991, Customs determined that
only garments which are commonly and commercially known as "track
suits" are classifiable as such. 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
089770, dated August 23, 1991).
In determining whether this heading provides the appropriate
classification for the article at issue, a determination must be
made as to whether the subject merchandise possesses the general
appearance and appropriate use as a track suit. The EN are clear
in emphasizing that the article's exclusive or main use must be
in the pursuit of sporting activities to warrant classification
as a track suit. As the terms "exclusive" and "main" are
contradictory for purposes of setting a standard, where it is
sufficient for an article to be worn "mainly" in the pursuit of
sports, there is no requirement that such use be exclusive.
The submitted sample features a jersey knit fabric lining.
It should be noted that Customs has ruled in the past that this
feature does not serve to preclude classification of this style
as a track suit so long as the general appearance of the article
is that of a track suit and this feature does not interfere with
the wearer's ability to engage in sporting activities (See HRL
087511, dated January 14, 1991; HRL 087966, dated January 30,
1991).
Style number 35704 has the general appearance of a track
suit. The jacket component covers the upper body to the waist,
has long sleeves with elasticized wrists, partial front zippered
opening with a zip-through collar and side seam pockets. The
pant component is a loose-fitting trouser with elasticized
waistband and vertical zippers at the cuffs. The garment is made
from a woven nylon fabric with a lightweight knit lining. These
materials are frequently used in the manufacture of track suits.
This office recognizes that garments such as these have
become popular over the last several years and are worn for uses
extending beyond sports wear (as for example, leisurewear when
walking, relaxing, shopping, etc). Nonetheless, it is the
opinion of this office that the design of the submitted article
is conducive for use in sports: the fit is loose for mobility,
the lining is made from a lightweight fabric which wicks away
perspiration, and the body is sufficiently covered to provide
warmth when exercising outdoors. Absent evidence that the
garment is not being marketed primarily for sports activities, we
will not preclude its classification as a track suit.
HOLDING:
Style number 35704 is classifiable as a track suit. The
jacket is classified in subheading 6211.43.0050, HTSUSA, which
provides for women's or girls' track suits of man-made fibers,
other, and the textile quota category is 635. The trousers are
classified in subheading 6211.43.0040, HTSUSA, which provides for
women's or girls' track suits of man-made fibers, trousers, and
the textile quota category is 648. The applicable rate of duty
for both the jacket and trousers is 17 percent ad valorem.
The designated textile and apparel categories 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 negotiations and
changes, to obtain the most current information available we
suggest your client 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 the local Customs office.
Due to the nature of the statistical annotation (the ninth
and tenth digits of the classification) and the restraint
(quota/visa) categories, your client 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