CLA-2 R:C:T 957940 CMR
Barinco International Corp.
5777 West Century Blvd., Suite 990
Los Angeles, CA 90045
RE: Classification of baseball slider pants
Dear Sir:
This is in response to your request, on behalf of Hillerich
& Bradsby Co. Inc., for a tariff classification ruling under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) on baseball slider pants, model #LSA127. The garment
will be imported through the port of Los Angeles. A sample was
received with your request.
FACTS:
The garment at issue, baseball slider pants, model #LSA127,
is a short pant-styled garment made with 72 percent nylon/28
percent spandex knit fabric. The garment measures 18 inches from
the top of the waistband to the bottom of the hemmed leg
openings. The garment features a two-inch exposed elastic
waistband, and two rectangular foam pads (13 inches X 9 inches)
sewn to the inside of the garment and covered with knit fabric.
The foam pads extend from the top of the hip to two inches above
the bottom of the garment. The garment is designed with leg
panels and a center panel. The knit fabric with a high
percentage of spandex causes the garment to be form fitting. The
sample indicates the garment is made in Taiwan.
ISSUE:
Are the baseball slider pants at issue classifiable as men's
knit underwear of heading 6107, Harmonized Tariff Schedule of the
United States (HTSUS); as a girdle or similar article of heading
6212, HTSUS; or, as an other garment of heading 6114, HTSUS?
-2-
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to
[the remaining GRIs taken in order]."
At first glance, three headings appear to merit
consideration for classification of the subject garment--heading
6107 (men's underwear), heading 6212 (girdle or similar article),
or heading 6114 (an other garment). The Explanatory Notes to the
Harmonized Commodity Description and Coding System (EN), the
official interpretation of the tariff at the international level,
provide guidance regarding the scope of the various headings. In
the case of heading 6107, the EN does not elaborate much beyond
the language of the heading, simply stating in part that the
heading covers, among other things, men's or boys' knitted or
crocheted underpants, briefs and similar articles.
The EN for heading 6212 does offer pertinent information
regarding the scope of that heading and the articles classified
therein. The EN to heading 6212 states, in relevant part:
This heading covers articles of a kind designed for wear
as body-supporting garments or as supports for certain other
articles of apparel, and parts thereof. These articles may
be made of any textile material including knitted or
crocheted fabrics (whether or not elastic).
* * *
All the above articles [girdles and panty-girdles are the
second named articles) may be furnished with trimmings of
various kinds (ribbons, lace, etc.), and may incorporate
fittings and accessories of non-textile materials (e.g.,
metal, rubber, plastics or leather).
* * *
[Emphasis added.]
The EN for heading 6114 state, in part:
This heading covers knitted or crocheted garments which
are not included more specifically in the preceding headings
of this Chapter.
-3-
The heading includes, inter alia:
* * *
(5) Special articles of apparel used for certain sports or
for dancing or gymnastics (e.g., fencing clothing,
jockeys' silks, ballet skirts, leotards).
Note 2, Chapter 61, directs that Chapter 61 does not cover,
among other things, goods of heading 6212. Thus, if the garment
at issue is classifiable in heading 6212, it cannot be classified
in headings 6107 or 6114.
Customs Headquarters issued a classification ruling on
certain baseball sliding pants from Japan under the previous
tariff, i.e., the Tariff Schedules of the United States. In that
ruling, Headquarters Ruling Letter (HRL) 083876 of March 8, 1990,
Customs ruled the baseball sliding pants at issue therein were
classified as baseball equipment in item 734.56, Tariff Schedules
of the United States Annotated (TSUSA). [Classification in the
comparable HTSUS provision for sports equipment is precluded by
Note 1(e), Chapter 95, which excludes sports clothing of chapter
61 or 62 from classification in Chapter 95.] The garment at
issue in HRL 083876 was similar to the garment here in that it
had padding along the hip and outer thighs to protect against
injury when sliding. The garment differed though in the fabric
used to make it. The garment in HRL 083876 was made of a 50
percent polyester/50 percent cotton mesh fabric. The sliding
pants at issue here are made of a 72 percent nylon/28 percent
spandex knit fabric.
Customs believes the difference in fabric composition and
construction of the sliding pants at issue imparts a significant
feature to the sliding pants that was not present in the garments
at issue in HRL 083876. It is Customs' view that the tightly
knit fabric containing 28 percent spandex causes the subject
sliding pants to hold in and support the body. Customs also
believes the support offered by the subject garment is an
intended feature and not mere happenstance. It may be argued
that sliding pants are designed for wear as body-protecting
garments, not body-supporting garments. However, Customs
believes that the subject sliding pants are designed for both
purposes. Without the pads, Customs would view the garment
before us as a girdle. With the permanently sewn-in pads, the
garment offers support and protection, thus giving it a feature
not associated with girdles or other support garments.
Support garments of heading 6212 are not considered
protective garments. They are support garments and any
protection afforded the wearer is a consequence of the support
provided. Customs believes the subject sliding pants have a
character which is beyond that of a body-supporting garment -4-
because although the sliding pants support the body like a
girdle, they are designed to protect the body when sliding.
Customs believes the presence of the permanent protective pads
makes the sliding pants of a different character than the support
garments of heading 6212 and thus, they cannot be classified in
heading 6212 as a girdle or similar article.
In HRL 083876, Customs stated the following in determining
that the garments at issue therein were not classifiable as
underwear:
While the sliding pants have the appearance of underwear,
because of the padding, it is obvious that they are only
worn when a player has the expectations of sliding into
base--during a game or during practice. Further, we do not
envision that this merchandise will be worn without an
athletic supporter beneath it. In our view, because of the
limited and specialized usage of this merchandise, and the
manner of its usage, sliding pants are neither commonly nor
commercially known as underwear. Since tariff terms
presumable carry the meaning given them in trade and
commerce, this merchandise cannot be classified as
underwear. S.G.B. Steel Scaffolding & Shoring Co. v. United
States, 82 Cust. Ct. 197, C.D. 4802 (1979).
Although the subject sliding pants differ somewhat from the
garments at issue in HRL 083876, Customs believes that the above
cited statement is true for the subject sliding pants. We do not
believe the sliding pants are similar to men's or boys'
underpants or briefs, nor are they commonly or commercially known
as underwear. Therefore, the subject sliding pants cannot be
classified in heading 6107.
The remaining heading for classification of the subject
sliding pants is heading 6114, as an other garment. The garment
is marketed and commonly known as baseball sliding pants,
although Customs recognizes it may be used for other sports. As
Customs acknowledged in HRL 083876, sliding pants are generally
worn only when a player has the expectation of sliding.
As noted above, heading 6114 includes special articles of
apparel used for certain sports. Since the baseball sliding
pants are not more specifically provided for elsewhere, they are
classified in heading 6114.
HOLDING:
The garment at issue, baseball slider pants, model #LSA127,
is classified as an other garment of man-made fiber in subheading
6114.30.3060, HTSUSA, textile category 659, dutiable at 16
percent ad valorem. -5-
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 internal
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 your 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