CLA-2 CO:R:C:G 087966 CMR
Ms. Frances Blundo
Lerner New York
460 W. 33rd Street
New York, New York 10001
RE: Classification of a women's jacket and trousers set
Dear Ms. Blundo:
This ruling is in response to your letter of July 27, 1990,
requesting classification of a women's jacket and trousers set.
The garments will be imported from Taiwan and Hong Kong.
FACTS:
The submitted garments consist of a women's jacket with
coordinating trousers. Both garments have a woven 100 percent
nylon outershell which has been spray coated with polyurethane.
Test results submitted with the samples indicate the coating is
sufficient for the garments to be regarded as water resistant.
However, the coating is not visible to the naked eye.
The jacket has a full-front opening with a zipper to the top
of the collar, a second collar with a snap tab over the zipper,
elasticized waistband and cuffs, slant pockets at the waist,
shoulder pads, a partial quilt lining in the sleeves and a knit
lining throughout. The trousers have a fully elasticized
waistband and cuffs, a non-adjustable snap tab at the cuff and a
full knit 65 percent polyester/35 percent cotton lining.
The jacket and trousers will be marketed and sold together
at one retail price.
ISSUE:
Are the subject garments classifiable as a track suit of
heading 6211, HTSUSA, or separately classified in heading 6202,
HTSUSA (for the jacket), and heading 6204, HTSUSA (for the
trousers)?
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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, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
In HRL 087511 of January 14, 1991, Customs classified a
similar jacket and trousers set as a woven track suit of heading
6211, HTSUSA. Prior to the issuance of HRL 087511, lined track
suits were excluded from heading 6211, HTSUSA, on the basis of
the Explanatory Note (EN) to heading 6112 (which applies, mutatis
mutandis, to heading 6211). In HRL 087511, Customs reversed this
position stating:
In applying the "knitted" EN to the "woven" heading, we
failed to take into account several physical differences
between the two construction types. A knit construction in
the outer shell of track suits is desirable because of the
fabric's ability to both "breathe" and wick away
perspiration. An inner liner of any material would not
augment these characteristics significantly, and would
likely create an atmosphere of undesirable warmth for the
athletic wearer.
Contrarily, woven outer shells of track suits do not
solely impart the aforementioned characteristics. It is our
opinion that "necessary changes in points of detail," from
knitted track suits to woven, allow the presence of a liner
with the ability to both breathe and to wick away
perspiration. Track suits with a woven outer shell and an
inner lining capable of imparting the characteristics
enumerated above are therefore classifiable in heading 6211,
HTSUSA, as track suits. HRL 084736 of June 13, 1989, and
any other rulings not in accordance with this opinion, are
hereby revoked.
Customs believes the coordinated jacket and trousers at
issue here are recognizable and classifiable as a woven track
suit. They are similar in construction and basic design to the
garments at issue in HRL 087511 and to the women's woven track
suit classified in HRL 087957 of January 23, 1991.
HOLDING:
The coordinated jacket and trousers at issue are
classifiable as a women's woven track suit of man-made fibers in
heading 6211, HTSUSA. The jacket is classified in subheading
6211.43.0050, HTSUSA, textile category 635. The trousers are
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classified in subheading 6211.43.0040, HTSUSA, textile category
648. Both garments are subject to a rate of duty of 17 percent
ad valorem.
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.
Your sample will be returned as requested. However, we are
only able to return the trousers because we have been unable to
locate the jacket which was misplaced while in Customs custody.
Sincerely,
John Durant, Director
Commercial Rulings Division