CLA-2 CO:R:C:T 089321 PR
David M. Murphy, Esquire
Grunfeld, Desiderio. Lebowitz & Silverman
12 East 49th Street
New York, New York 10017
RE: Classification of Boys' Athletic-Style Garments--Are They
Track Suits?
Dear Mr. Murphy:
This is in reply to your letter of April 25, 1991, on behalf
of Baron Group, Ltd., concerning the classification of two
garments you describe as jog suits and which will be produced in
Hong Kong, Taiwan, China, or Korea. Our ruling on the matter
follows.
FACTS:
The submitted samples are two pairs of garments, each pair
consisting of a jacket and trousers (styles 909 and 2616). Each
sample garment has an woven nylon outer shell pieced together
from a number of different colored fabrics and each set of
garments is made up of the same colored fabrics. They will be
imported in boys' sizes 8-20.
The jackets both have full front zippered openings which
extend through the collars, long sleeves with elastized cuffs,
slanted opening pockets at the waist, elastized waists, and
jersey knit linings. Style 909 has a drawstring through the
collar and zipper closures on the pockets. The trousers both
have elasticized waistbands with drawstrings, elastized cuffs,
partial zippered leg openings, and jersey knit linings.
Although both sets of garments are stated to have a 600mm
polyurethane plastics application on the inner surface of their
outer shell fabrics, a cursory visual examination shows that they
do not have the same plastics application. The outer shell
fabric in style 2616 has clearly been coated or covered with a
plastics material, while the outer shell fabric of style 909
shows no visual or tactile evidence of a plastics application.
However, informal examination of the material indicates that
style 909 has been treated to prevent the penetration of water.
ISSUE:
The following issues are raised by the instant samples: (1)
Is either set of garments classifiable under Heading 6210,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), as garments made up of plastics coated or covered
fabrics; (2) If not, are one or both sets classifiable under the
provisions for track suits; and (3) If not classifiable as track
suits, are the garments classifiable as a unit as an ensemble or
individually as separates.
LAW AND ANALYSIS:
Imported goods are classifiable according to the General
Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule
of the United States (HTSUSA). In this instance, GRI 1 governs
the classification of the merchandise. GRI 1 provides that for
legal purposes, classification shall be determined according to
the terms of the headings in the tariff and according to any
pertinent section or chapter notes.
Note 13, Section XI, HTSUSA, provides that unless "the
context otherwise requires, textile garments of different
headings are to be classified in their own headings even if put
up in sets for retail sale." Accordingly, in the absence of a
provision requiring that these sets be classified as such, the
garments comprising the sets are classifiable separately.
Note 5 to Chapter 62, HTSUSA, which contains the provisions
under which woven garments are classifiable, provides:
Articles which are, prima facie, classifiable both in
heading 6210 and in other headings of this chapter,
excluding heading 6209, are to be classified in heading
6210.
Heading 6210, HTSUSA, provides for garments made up of
fabrics of, among other provisions, Heading 5903, HTSUSA.
Heading 5903, HTSUSA, provides for textile fabrics impregnated,
coated, covered, or laminated with plastics, other than tire cord
fabrics. Note 2 to Chapter 59, HTSUSA, states, in pertinent
part, that Heading 5903 applies to:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics, whatever the weight per square
meter and whatever the nature of the plastic material
(compact or cellular), other than:
(1) Fabrics in which the impregnation, coating or
covering cannot be seen with the naked eye * * * for
the purpose of this provision, no account should be
taken of any resulting change of color;
Accordingly, since the plastics application is visible on
the fabric comprising outer shells of the garments of style 2616,
those garments are "made up of fabrics of Heading 5903" and are
classifiable separately in Heading 6210.
The outer shell fabrics of style 909 are not fabrics of
Heading 5903 since the plastics application is not visible to the
naked eye. Accordingly, those garments are not classifiable in
Heading 6210.
In view of the statements made in the ruling request, we
will assume, for the purposes of this ruling, that the outer
shell fabric of style 909 has had a plastics material applied to
it and that it complies with the requirements of Additional U.S.
Note 2 of Chapter 62, HTSUSA. That note provides;
[T]he term "water resistant" means that garments
classifiable in those subheadings must have a water
resistance (see ASTM designations D 3600-81 and D 3781-79)
such that, under a head pressure of 600 millimeters, not
more than 1.0 gram of water penetrates after two minutes
when tested in accordance with AATCC Test Method 35-1985.
This water resistance must be the result of a rubber or
plastics application to the outer shell, lining or inner
lining.
The term "ensemble" is stated in Note 3(b), Chapter 62,
HTSUSA, to mean:
[A] set of garments (other than suits and articles of
heading 6207 or 6208 [underclothing]) composed of several
pieces made up in identical fabric, put up for retail sale,
and comprising:
- one garment designed to cover the upper part of the
body, with the exception of waistcoats, which may also
form a second upper garment, and
- one or two different garments, designed to cover the
lower part of the body and consisting of trousers ***
All of the components of an ensemble must be of the same
fabric construction, style, color and composition; they also
must be of corresponding or compatible size. The term
"ensemble" does not apply to track suits or ski-suits of
heading 6211.
The garments comprising style 909 meet all the requirements
for classification as an ensemble, provided that they are not
classifiable in Heading 6211.
Heading 6211 provides for "track suits." The Harmonized
Commodity Description and Coding System, Explanatory Notes, which
are the official interpretation of the HTSUSA at the
international level (for the 4 digit headings and the 6 digit
subheadings) state that track suits consist of two garments, one
for the upper body and a pair of trousers, which, "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." (at page 841)
In Customs Headquarters Letter Ruling (HRL) 088569, dated
May 31, 1991, it was held that only garments which are commonly
and commercially known as "track suits" are classifiable as
"track suits." These are garments which are usually associated
in some manner with running or jogging.
In this instance, although Customs has previously ruled that
woven track suits may have linings, HRL 087511, dated January 14,
1991, HRL 087966, dated January 30, 1991, we do not believe that
the instant merchandise is classifiable as track suits. We note
that due to fashion changes, many all purpose and leisure-type
garments are styled to resemble warm-up and track suits. These
garments can be seen being worn in grocery stores, on golf
courses, etc., and are virtually indistinguishable in appearance
from real warm-up and track suits. Since track suits are
required to be intended to be worn exclusively or mainly for
sporting activities (related to running and jogging), garments
which are not intended for those type activities will most likely
be worn for leisure and other nonrunning and nonjogging
activities.
Accordingly, when sets of garments are stated to be track
suits, but appear to Customs to be leisure or multipurpose
garments, evidence should be presented to the Customs classifying
officer sufficient to establish the fact the merchandise in
question is intended for sale as garments to be worn during
running or jogging activities. In the absence of such evidence,
Customs may classify such garments under provisions other than
those which provide for track suits.
In regard to the sample garments, we have no evidence that
they are intended for use during running or jogging. Therefore,
style 909 is classifiable under the appropriate provisions for
ensembles.
HOLDING:
The set of garments labeled style 909 is classifiable under
the provisions for boys' ensembles of synthetic fibers, the
jacket in subheading 6203.23.0050, HTSUSA, and the trousers in
subheading 6203.23.0060, HTSUSA. Both are dutiable at the rate
applicable if imported separately. If imported separately, the
jacket would be classifiable under the provision for water
resistant anoraks, windbreakers, and similar garments, in
subheading 6201.93.3000, HTSUSA, and the trousers under the
provision for water resistant trousers of synthetic fibers, in
subheading 6203.43.3500, HTSUSA. In each instance, the
applicable rate of duty is 7.6 percent ad valorem. The
designated textile and apparel category applicable to the jacket
is 634 and the category applicable to the trousers is 647.
The garments comprising style 2616 are classifiable
separately under the provisions for garments made up of fabrics
of Heading 5903, the jacket, as an anorak, windbreaker, or
similar garment, of man-made fibers, in subheading 6210.40.1020,
HTSUSA, and the trousers in subheading 6210.40.1035, HTSUSA.
Both are dutiable at the rate of 7.6 percent ad valorem. The
designated textile and apparel category applicable to the jacket
is 634 and the category applicable to the trousers is 647.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
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 renegotiations and
changes, to obtain the most current information available, we
suggest that 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 available for
inspection at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division