CLA-2 CO:R:C:T 089450 HP
Mr. John Pellegrini
Ross & Hardies
529 Fifth Avenue
New York, NY 10017-4608
RE: Track suit like garments with inner lining of flannel
fabric are not classifiable as track suits. Insulation;
perspiration; wick; nap
Dear Mr. Pellegrini:
This is in reply to your letter of April 10, 1991,
concerning the tariff classification of boys' and girls' wind
suits, produced in either the Philippines, Macau, Taiwan
and/or the People's Republic of China, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).
Please reference your client Robin International (U.S.A.) Inc.
FACTS:
The merchandise at issue consists of boys' and girls'
warm-up suits. The garments will be imported in sizes ranging
from 2-4, 4-7, and 8-20. One sample was submitted. The
submitted sample, style 9157, consists of a woven nylon jacket
and trousers stated to have an application of acrylic plastics
such that the garments are water resistant within the meaning
of Additional U.S. Note 2 to Chapter 62, HTSUSA. We assume
for the purposes of this ruling that this water resistance
exists. We recommend that certification of compliance with
Additional U.S. Note 2 to Chapter 62, HTSUSA, accompany entry
of this merchandise. This application of plastics is not
visible to the naked eye. Both garments are made from pieced
construction consisting of several colored fabric inserts.
Both garments have a 100% woven nylon shell and a 100% woven
cotton flannel lining.
The jacket has a full front opening with a zip-through
collar, slant pockets at the waist, and elasticized cuffs and
waistband. The trousers have an elasticized waist with a
drawstring, elasticized cuffs with zippers, slant pockets, and
no opening at the waist.
ISSUE:
Whether the flannel lining disqualifies the instant
merchandise from classification as a track suit?
LAW AND ANALYSIS:
Heading 6211, HTSUSA, provides for woven track suits.
The Explanatory Notes (EN) to the HTSUSA constitute the
official interpretation of the tariff at the international
level. While not legally binding, they do represent the
considered views of classification experts of the Harmonized
System Committee. It has therefore been the practice of the
Customs Service to follow, whenever possible, the terms of the
Explanatory Notes when interpreting the HTSUSA.
Explanatory Note 62.11 states that the "provisions of the
Explanatory Note to heading 61.12 concerning track suits
[apply], ... mutatis mutandis, to the terms of this heading."
Explanatory Note 61.12 provides, in pertinent part:
(A) Track suits, i.e., knitted articles
consisting of two pieces, not lined
but sometimes with a raised inner
surface (nap) 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.
In HRL 087511 of January 14, 1991, we stated:
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.
You argue that the flannel lining in the instant garments
is not the type of lining envisioned by HRL 087511. You state
that "[t]he purpose of the flannel lining is warmth; it is not
intended to promote breathability or to wick away
perspiration." We agree. Flannel, a light to medium weight
napped fabric, provides better insulation than similar non-
napped fabrics because they entrap dead air. See Pizzuto,
Joseph, FABRIC SCIENCE (4TH ed.) (Fairchild 1980). This
facility is not consistent with those characteristics
enumerated above: "the ability to both breathe and to wick
away perspiration." Track suit-like garments lined with
flannel, therefore, are clearly NOT meant to be worn
exclusively or mainly in the pursuit of sporting activities,
and are not classifiable as track suits.
HOLDING:
As a result of the foregoing, and assuming the garments
are water resistant as described above, the instant
merchandise is classified as follows:
Jacket
... under subheading 6203.23.0050, HTSUSA, textile
category 634, as men's or boys' suits, ensembles, suit-
type jackets, blazers, trousers, bib and brace overalls,
breeches and shorts (other than swimwear), ensembles, of
synthetic fibers, other, garments described in heading
6201. The applicable rate of duty is that rate
applicable to the garment if entered separately: 7.6
percent ad valorem.
Trousers
... under subheading 6203.23.0060, HTSUSA, textile
category 647, as men's or boys' suits, ensembles, suit-
type jackets, blazers, trousers, bib and brace overalls,
breeches and shorts (other than swimwear), ensembles, of
synthetic fibers, other, trousers and breeches. The
applicable rate of duty is that rate applicable to the
garment if entered separately: 7.6 percent ad valorem.
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, 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
issuance of the U.S. Customs Service, which is updated weekly
and is available 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 importing the merchandise
to determine the current status of any import restraints or
requirements.
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is
imported. If the documents have been filed without a copy,
this ruling should be brought to the attention of the Customs
officer handling the transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division