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HQ 088193

January 30, 1991

CLA-2 CO:R:C:T 088193 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0050; 6211.43.0040

Barry E. Powell
Grunfeld, Desiderio, Lebowitz
& Silverman
707 Wilshire Boulevard
Suite 5320
Los Angeles, CA 90017

RE: Women's Track Suits

Dear Mr. Powell:

This is in response to your October 5, 1990 letter, on behalf of Nicholas Import Corporation, requesting classification of a track suit under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples of the merchandise at issue were attached for our review.

FACTS:

Style no. 11010 is a two piece garment which you state is for wear by women; it is made with an outer shell of 100 percent woven nylon, and a jersey knit inner lining of 65 percent polyester and 35 percent cotton. The upper garment is a long sleeved pullover style jacket with a 10 inch zipper closure that forms a stand up collar when zipped shut. A large front pocket with a flap closure is sewn just below the zipper, and both the cuffs and the waist of the garment are elasticized.

The pants are made of the same construction and fabric content as the jacket, and matches its main color. Both the drawstring waist and the cuffs are elasticized for secure fit. The pants legs have 8 inch vertical zippers that reach the bottom edge of each cuff.

Style no. 11019, also a jacket and pants track suit, was classified by NYRL 857037 (November 8, 1990, and will not, therefore, be addressed by this ruling. The samples will be returned under separate cover as requested.

ISSUE:

Whether the presence of an inner lining precludes classification of this merchandise as a track suit under 6211 of the HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6211, HTSUSA, provides for, inter alia, track suits. Although the applicable Explanatory Notes (EN) point towards an exclusion of lined jackets (EN 61.12 concerning track suits apply, mutatis mutandis, to the articles of this heading [6211, HTSUSA]), Customs analysis has been modified to employ the necessary considerations regarding the lining of woven track suits. HQ 087511 (January 14, 1991) stated that

In applying the "knitted" EN to the "woven" heading, we failed to take in 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 to wick away perspiration...Contrarily, woven outer shells of track suits do not solely impart the aforementioned characteristics...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.

Track suits which contained a body lining of 65 percent polyester/35 percent cotton jersey knit fabric were classified within heading 6211. Likewise, the women's top and matching bottom at issue, which contain a poly/cotton woven liner throughout, are classifiable under this heading. The overall construction and appearance of the two garments further mark this merchandise as athletic wear; each piece complies with the characteristics of track suits outlined in EN 61.12, thereby making classification of this sample as a track suit of heading 6211 appropriate.

HOLDING:

The merchandise at issue is classified as follows: the pullover style jacket top under subheading 6211.43.0050, HTSUSA, which provides for track suits, ski-suits and swimwear; other
garments: other garments, women's or girls': of man-made fibers, track suits: other, textile category 635 and dutiable at the rate of 17 percent ad valorem; the pants portion is classified under subheading 6211.43.0040, HTSUSA, track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers, track suits: trousers, textile category 648, dutiable at the rate 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 your client 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 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, your client should contact the 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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