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HQ 087957


January 23, 1991

CLA-2 CO:R:C:T 087957 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0040; 6211.43.0050

Mr. Anthony M. Anzalone
Vice President
Amshico Corp.
167-10 South Conduit Avenue
Jamaica, NY 11434

RE: Two piece garment with a woven outer shell and an inner lining capable of imparting ability to breathe and wick away perspiration is classifiable as a track suit. HRL 087511.

Dear Mr. Anzalone:

This is in reply to your letter dated August 22, 1990, to our New York office, on behalf of your client, Roots Sportswear, Inc., concerning the classification of a track suit under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided.

FACTS:

The article in question is a women's track suit, style 100, consisting of a jacket and trousers. The outer shell of each garment is made from 100 percent woven nylon while both are lined with a light-weight jersey knit fabric of 100 percent cotton. The jacket has a full front opening with a zip-through collar, zippered pockets at the waist, and elasticized cuffs and waistband. The trousers have slant front pockets, elasticized cuffs with a vertical zipper and gusset, and an elasticized waistband with a tunneled outer drawstring.

ISSUE:

Whether a lined garment is classifiable under the provision for track suits of heading 6211, HTSUSA.

LAW AND ANALYSIS:

Heading 6211, HTSUSA, provides for, inter alia, woven track suits. The issue of whether lined track suits are classifiable under this heading was recently addressed in Headquarters Ruling Letter (HRL) 087511 dated January 14, 1991. While lined track suits were previously excluded from heading 6211, HTSUSA, on the basis of the Explanatory Note (EN) to heading 6112 (which applies, mutatis mutandis, to heading 6211), this position was reversed in HRL 087511. There we stated:

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....Track suits with a woven 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.

The track suit in question is made from woven material and has a liner capable of breathing and wicking away perspiration and is therefore classifiable in heading 6211, HTSUSA.

HOLDING:

The trouser component of the track suit is classifiable in subheading 6211.43.0040, HTSUSA, under the provision for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers: track suits: trousers. The trousers are dutiable at 17 percent ad valorem and are subject to textile category 648.

The jacket component of the track suit is classifiable in subheading 6211.43.0050, HTSUSA, under the provision for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers: track suits: other. The jacket is dutiable at 17 percent ad valorem and is subject to textile category 635.

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

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