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HQ 083460

November 9, 1989

CLA-2 CO:R:C:G 083460 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0050

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

RE: Knitted Cycling Pants

Dear Mr. Crawford:

This is in reply to your letter dated July 11, 1988, to our New York Office, wherein you requested a binding classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) on two pair of knitted cycling pants.

FACTS:

The articles in question are unisex cycling pants made of 79 percent nylon, 21 percent spandex knit material. The front of the pants consists of two layers of the said material laminated together by means of an inner layer of polyurethane foam. However, from a point roughly three inches below the knee, there is only a single layer of material. The double-layered front of style 8430J is red in color while that of style 8430H is blue. The back of the pants is made from a single layer of the knit fabric, with the exception of style 8430J, the rear calf of which is of the same double-layered construction as the front of the garments. Both styles have an elasticized waist and drawstring and stirrups for the foot.

ISSUE:

The issue presented is whether, given the construction of the pants, they are garments made up of fabrics of headings 5903, 5906 or 5907, such that they would be classified under heading 6113, HTSUSA; or alternatively, whether they are trousers classifiable under heading 6104, HTSUSA?

LAW AND ANALYSIS:

Under the HTSUSA, merchandise is classified according to the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is to be determined according to the terms of the headings and any relative section or chapter notes and, provided that the notes do not otherwise require, according to the remaining GRIs.

Heading 6113 covers garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907. Note 2(a) to Chapter 59 states that heading 5903 applies to:

[t]extile fabrics impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material...

The articles in question are laminated with polyurethane, a plastic material. The lamination is visible in cross-section as required by the Explanatory Note to heading 5903. Thus as a matter of law, the material from which the pants are made is a laminated fabric within the meaning of heading 5903, HTSUSA.

However, since only one side of the cycling pants is made of double-layered, laminated knit material, it must be determined whether partial lamination is sufficient for the purposes of classification under heading 6113. Although the pants are partially constructed of laminated fabric of heading 5903, over half the article consists of a single layer of non-laminated knit material. Thus, it would seem that the pants could also be classified under heading 6104, HTSUSA, as women's or girls' suits, ensembles...trousers...knitted or crocheted.

Nevertheless, it is the laminated portion of the pants which provides the thermal insulation which is the main function of the garment. As we stated in Headquarters Ruling Letter (HRL) 085668 of November 3, 1989:

Here, the garment consists of substantial portions of fabrics which are covered under Heading 5903 and, therefore, the garment is "made up" of those fabrics, Since there is a specific heading (through to the ten digit level) which provides for garments made up of those fabrics, GRI 1 governs the classification of this garment.

See also, HRL 081134 of April 27, 1989; HRL 080947 of January 30, 1989. Accordingly, the cycling pants are classifiable in heading 6113.

Finally, since the pants are described as unisex, they are classifiable as women's or girls' garments according to Note 8 to Chapter 61.

HOLDING:

The cycling pants in question are classifiable under subheading 6113.00.0050, as garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907; other; trousers and breeches; other; women's or girls'. The textile category is 648 and the pants are subject to duty at a rate of 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 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 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
Commercial Rulings Division

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