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HQ 087966


January 30, 1991

CLA-2 CO:R:C:G 087966 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0040, 6211.43.0050

Ms. Frances Blundo
Lerner New York
460 W. 33rd Street
New York, New York 10001

RE: Classification of a women's jacket and trousers set

Dear Ms. Blundo:

This ruling is in response to your letter of July 27, 1990, requesting classification of a women's jacket and trousers set. The garments will be imported from Taiwan and Hong Kong.

FACTS:

The submitted garments consist of a women's jacket with coordinating trousers. Both garments have a woven 100 percent nylon outershell which has been spray coated with polyurethane. Test results submitted with the samples indicate the coating is sufficient for the garments to be regarded as water resistant. However, the coating is not visible to the naked eye.

The jacket has a full-front opening with a zipper to the top of the collar, a second collar with a snap tab over the zipper, elasticized waistband and cuffs, slant pockets at the waist, shoulder pads, a partial quilt lining in the sleeves and a knit lining throughout. The trousers have a fully elasticized waistband and cuffs, a non-adjustable snap tab at the cuff and a full knit 65 percent polyester/35 percent cotton lining.

The jacket and trousers will be marketed and sold together at one retail price.

ISSUE:

Are the subject garments classifiable as a track suit of heading 6211, HTSUSA, or separately classified in heading 6202, HTSUSA (for the jacket), and heading 6204, HTSUSA (for the trousers)?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

In HRL 087511 of January 14, 1991, Customs classified a similar jacket and trousers set as a woven track suit of heading 6211, HTSUSA. Prior to the issuance of HRL 087511, lined track suits were excluded from heading 6211, HTSUSA, on the basis of the Explanatory Note (EN) to heading 6112 (which applies, mutatis mutandis, to heading 6211). In HRL 087511, Customs reversed this position stating:

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. 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. HRL 084736 of June 13, 1989, and any other rulings not in accordance with this opinion, are hereby revoked.

Customs believes the coordinated jacket and trousers at issue here are recognizable and classifiable as a woven track suit. They are similar in construction and basic design to the garments at issue in HRL 087511 and to the women's woven track suit classified in HRL 087957 of January 23, 1991.

HOLDING:

The coordinated jacket and trousers at issue are classifiable as a women's woven track suit of man-made fibers in heading 6211, HTSUSA. The jacket is classified in subheading 6211.43.0050, HTSUSA, textile category 635. The trousers are
classified in subheading 6211.43.0040, HTSUSA, textile category 648. Both garments are subject to a rate of duty of 17 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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.

Your sample will be returned as requested. However, we are only able to return the trousers because we have been unable to locate the jacket which was misplaced while in Customs custody.

Sincerely,

John Durant, Director
Commercial Rulings Division

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