CLA 2 RR:CR:TE 961377 SG
Dana L. Trout, Vice President/Imports
Trans-Trade, Inc.
P.O. Box 612369
DFW Airport, Texas 75261
RE: Classification of Men’s Rash Guard Shirt; Headings 6110 and 6114
Dear Ms. Trout:
This is in further response to your letter of November 3, 1997, in which you requested, among other things, a binding classification ruling of men’s rash guard shirts from Japan, Taiwan, and Thailand. The goods will be imported by your client, Mobby’s USA, Inc. You indicate that the principal use in the United States is for wear under a life vest, wet or dry suit to prevent chafing. A sample was submitted.
FACTS:
The sample (item 5 of your submission and page 8 of Watercraft catalog) is a men’s finely knit pullover garment which is constructed of 80 percent nylon and 20 percent knitted polyester fabric. The top has long raglan sleeves with self-fabric cuffs; a mock turtleneck collar, and a printed logo on the center chest. The top also has a hemmed bottom with narrow clastic inserted in the hem (referred to as a “gripper waistband”). All seams are finished with flat lock stitching. We understand that the top may also be imported in a short sleeve version.
ISSUE:
Is the rash guard garment classified in Heading 6110, HTSUS, as a pullover or is it classified as an other garment in Heading 6114, HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes, taken in their appropriate
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order. Customs seeks guidance in interpreting the terms of the headings in the Harmonized Commodity Description and Coding System Explanatory Notes (EN), which although are not legally binding, are recognized as the official interpretation of the Harmonized System at the international level.
The competing tariff headings are as follows:
Heading 6110 Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted
OR
Heading 6114 Other garments, knitted or crocheted
The question here is whether the instant sample is classified as an ordinary garment in Heading 6110, i.e., as a pullover or as "other clothing" in Heading 6114. Since Heading 6114 is a basket provision, the garment is classified in Heading 6110 unless it is excluded from that provision for some reason.
The Explanatory Notes (EN), the official interpretation of the tariff at the international level, regarding Heading 6114:
This heading covers knitted or crocheted garments which are not included more specifically in the preceding headings of this Chapter.
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).
We believe that Heading 6114, as evidenced by the exemplars stated above, is meant to cover specifically designed or constructed sports garments. It is our opinion that the heading does not cover all wearing apparel which could be worn for sports, but only those sports clothes
which are specially designed to be worn in a particular sport and which would not ordinarily be worn any other time. See HQ 951627 dated August 14, 1992.
The importer believes that these garments are specific to water sports. He indicates that the “rash guard” garment is to provide rash and sun protection.
Providing warmth to the body and protection against sun is a benefit of any article of clothing. Such protection is necessary for many sports and not unique to surfing or other water sports. Other than the fact that the garment provides coverage, which naturally provides sun
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protection, we find no evidence that this garment is specially designed or constructed to provide warmth or protection against the sun and wind while engaging in any specific sport or activity. It is our view that a tight fitting upper body garment, such as the sample submitted, would be beneficial in almost any water sport, from canoeing to white water rafting, where vigorous arm movements and swimming in rough water is expected.
The catalog page submitted with the request for a ruling calls the garment a “LYCRA rash guard” and there appears to be a considerable amount of spandex in the garment. The high percentages of spandex-like fibers provide a tight fit. Neither the close fitting shape of the garment nor the high percentage of “spandex” used in the fabric distinguish the garment from other athletic wear, exercise wear, or even today’s fashion wear. The use of high percentages of spandex is a current fashion trend. Accordingly, it is our view that the use of high percentages of spandex in the garment at issue does not serve to distinguish this garment from other athletic, exercise, or fashion wear.
A number of rulings provide guidance in the type of garment included in heading 6114. In HQ 086973 of April 30, 1990, we ruled that certain padded hockey pants were classified in heading 6114 because they were specifically designed for ice hockey and served a particular
function in providing protection for the player. These padded pants are not ordinarily worn except while engaging in the sport.
In HQ 950846 of April 8, 1992, we ruled that cycling shorts having a padded chamois insert in the seat and crotch area to prevent chafing were special articles of apparel used in riding a bicycle. Because the thick padding would be uncomfortable for ordinary wear, and because of
the unseemly appearance of the garment when worn otherwise than in the sport, these shorts were considered special articles of apparel for the sport of biking. This ruling distinguished the padded bike shorts from unpadded styles indicating that the unpadded bike shorts “are not specifically designed for a particular purpose; rather, they are suitable for wear as fashion shorts as well as for use in a variety of sports.”
Garments which have previously been classified in heading 6114 contain special features which render them unique for a particular sport. The garment at issue here contains nothing to distinguish it from general purpose sports or water sports shirts or ordinary pullovers. It is not made in a special fashion, nor does it possess any special features which would make
it uniquely suited for the sport of surfing. We do not believe that the mere fact that it offers sun protection or even protection from chafing is sufficient to consider the garment unique to surfing, or designed for any particular sport. Such protection is necessary in many sports and is not unique to surfing. Essentially, the garment provides sun protection in the form of body coverage, but such coverage can be provided by any closely knit garment.
We note that in HQ 960833 dated November 12, 1998, we ruled on similar rash guard garments. It was our view that neither the garments themselves nor the styling or construction features stated by the importer, were so specialized that those garments should be considered
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“special articles of apparel” for any particular water sport.
HOLDING:
We find that, if the top is for men and boys, it is specifically provided for under the provision for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Men’s or Boys’” in subheading 6110.30.3050, HTSUSA. If the top is not clearly identifiable as for men or boys, then it is classified under the provision “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or Girls’” in subheading 6110.30.3055, HTSUSA. Both provisions carry a general column one duty rate of 33.3 percent ad valorem. The textile quota category is 638 if for men or boys and 639 if for women or girls.
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 negotiations and changes, we suggest that 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 at the 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, the importer should be advised that he
should contact the local customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division