CLA-2 CO:R:C:T 088278 CMR
Ms. Peggy Nugent
Colonial Corporation of America
111 West 40th Street
New York, New York 10018
RE: Classification of a men's jogging suit
Dear Ms. Nugent:
This ruling is in response to your letter of November 11,
1990, regarding the classification of a men's jogging suit. The
jogging suit will be imported from Taiwan or Hong Kong. Samples
were received with your inquiry.
FACTS:
The jogging suit at issue, style 9460-6, consists of a men's
jacket and pants. Both garments have an outershell of woven
nylon with an acrylic coating and a complete lining of jersey
knit 65 percent polyester/35 percent cotton fabric. The jacket
has a full-front opening with a zipper to the top of the collar,
a hood, a flap over the front opening, zippered slant pockets at
the waist, and elasticized cuffs and waistband. The pants have
an elasticized waistband, front pockets and adjustable ankle tabs
with hook-and-loop fasteners.
The jacket and pants are color coordinated. The jogging
suit will be imported from Taiwan or Hong Kong.
ISSUE:
Are the jacket and pants of the jogging suit at issue
classifiable as a track suit of heading 6211, HTSUSA, or
separately classified as garments of headings 6201, HTSUSA, and
6203, HTSUSA, respectively?
-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, 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 pants 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 pants 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.
The presence of the acrylic coating in this case does not
affect the classification as the coating is not visible to the
naked eye and no claim of water resistance being imparted by the
coating has been made.
-3-
HOLDING:
The coordinated jacket and pants at issue are classifiable
as a men's woven track suit of man-made fibers in heading 6211,
HTSUSA. The jacket is classified in subheading
6211.33.0035,HTSUSA, textile category 634. The pants are
classified in subheading 6211.33.0030, HTSUSA, textile category
647. 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, under separate
cover.
Sincerely,
John Durant, Director
Commercial Rulings Division