HQ 0083182 - Cycling Pants - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0083171 - HQ 0083264 > HQ 0083182

HQ 083182

January 11, 1990

CLA-2 CO:R:C:G 083182 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903, 6210.50.1030

Mr. Gary E. Crawford
A.N. Deringer
P.O. Box 559
Jackman, Maine 04945-0559

RE: Cycling Pants

Dear Mr. Crawford:

This is in reply to your letter dated July 11, 1988, to our New York office, in which you requested a ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), regarding cycling pants imported from Canada.

FACTS:

The article in question is a pair of cycling pants, style 8430L, made from a woven nylon fabric and a knitted spandex fabric. The inner surface of the former, which is known commercially by the name Dermoflex, is coated with a plastics material and is lined. The front of the pants and the seat are made entirely from the coated woven fabric while the rear portions of the garment are made from knitted spandex. The pants have an elasticized waist and a drawstring. There are zippers on the side of the pants running from the ankle to mid-calf.

ISSUE:

Whether the article in question is knitted or crocheted apparel of Chapter 61, or apparel not knitted or crocheted of Chapter 62, HTSUSA; and provided that the article is apparel not knitted or crocheted of Chapter 62, HTSUSA, whether the coated portion of the article is a made up fabric of heading 5903 such that it is classified in heading 6210, HTSUSA?

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is to be determined according tothe terms of the headings and any relative section or chapter notes and, provided the headings or notes do not otherwise require, according to the remaining GRIs taken in order.

However, under GRI 2(b), goods consisting of more than one material are to be classified according to GRI 3. The article in question is manufactured from knitted fabric of Chapter 61, HTSUSA, and woven fabric of Chapter 62, HTSUSA. The garment is therefore composed of two materials which are, prima facie, classifiable under separate headings.

GRI 3(a) states that the heading which provides the most specific description is to be preferred to one that is more general; however, when two headings each refer to only part of the materials in mixed goods, the headings are to be regarded as equally specific. Consequently, the goods cannot be classified by reference to rule 3(a). In such a case, GRI 3(b) directs that they be classified as if they consisted of the material which gives them their essential character.

The Harmonized Commodity Description and Coding System, Explanatory Notes, which constitute the official interpretation of the Harmonized System at the international level, state in regard to GRI 3(b) that the factors which determine essential character may vary between different goods. Among these are the nature of the material, its bulk, quantity, weight or value, or the role of a constituent material in relation to the use of the goods. However, in order to clarify essential character determinations in the textile area, Customs internal memorandum 084118 of April 13, 1989, established certain criteria to be applied in the classification of garments consisting of different fabrics or of textile and nontextile components. The memorandum states in pertinent part that:
a. For upper or lower body garments, if one component exceeds 60 percent of the visible surface area, that component will determine the classification of the garment unless the other component:

(1) forms the entire front of the garment; or (2) provides a visual and significant decorative effect (e.g. a substantial amount of lace); or (3) is over 50 percent by weight of the garment; or (4) is valued at more than 10 times the primary component.

If no component comprises 60 percent of the visible surface area, or if any of the above four listed conditions are present, classification will be according to GRI 3(a) or 3(c), as appropriate.

As regards the article in question, the woven material constitutes over 60 percent of the visible surface area. None of the four listed conditions is present and thus the cycling pants are classified under Chapter 62, HTSUSA, as articles of apparel and clothing accessories, not knitted or crocheted.

Heading 6210, HTSUSA covers garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907. Heading 5903, HTSUSA, covers textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902. Since the woven fabric is coated with a plastics material it would appear to be within the ambit of heading 5903.

The Notes to Chapter 59 state that heading 5903 applies to coated textile fabrics, whatever the weight of the plastic material. However, the Notes also set forth certain restrictions. Thus Note 2(a)(1) observes that:

[f]abrics in which the impregnation, coating or covering cannot be seen with the naked eye...
are not encompassed by heading 5903. No account is to be taken of changes in color.

While the woven fabric of the cycling pants is black, the inside woven portion has turned white as a result of the coating process. Contrasting the interior and exterior of the pants we note that the weave of the material, which is plainly discernible on the outside of the garment, is obscured on the inside portion. Since the weave is cloaked, it follows that what the eye perceives is not merely a change in color but an actual layer of plastic coating resting on a substratum of woven material. Consequently, the application of plastics material is a coating visible within the meaning of heading 5903, HTSUSA.

Having established that the pants should be classified under heading 6210, HTSUSA, as a woven garment made up of a fabric coated with plastics, it remains to be determined where the article falls within the heading. Note 8 to Chapter 62 direct that when articles can be identified as either men's or women's, they are to be classified under headings covering women's and girls' garments. The pants in question are described as unisex, and pursuant to note 8, are therefore classified as women's or girls' garments.

HOLDING:

The cycling pants are classified in subheading 6210.50.1030 under the provision for other women's or girls' garments, of man- made fibers, other, trousers and breeches. The pants are subject to duty at a rate of 7.6 percent ad valorem; the textile category is 648.

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.

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.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling