HQ 0089304 - Children's track suit-like garments are not track suits absent evidence that they are intended for use primarily in jogging or running. - United States International Trade Commision Rulings

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HQ 089304

August 29, 1991

CLA-2 CO:R:C:T 089304 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6203.43.3500

Ms. Sandra Liss Friedman
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: Children's track suit-like garments are not track suits absent evidence that they are intended for use primarily in jogging or running.

Dear Ms. Friedman:

This is in reply to your letter of April 3, 1991, concerning the tariff classification of boys' track suits, produced in Korea, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please reference your client Jonathon Stone, Ltd.

FACTS:

The merchandise at issue consists of a boy's jacket and pants outfit, Style 40310. The outfit will be imported in sizes 2-4, 4-7 and 8-20. The jacket has a woven nylon outer shell and a knit lining of 65% polyester/35% cotton. It has a full front opening with a zipper to the top of the collar, slant zippered pockets at the waist, elasticized cuffs and waistband, and a drawstring at the waist. Various decorative writings adorn the front and back of the jacket; no similar embellishments garnish the trousers.

The trousers are also made from a woven nylon outer shell, and a knit 65% polyester/35% cotton lining. They have an elasticized waist with no opening, elasticized cuffs, zippered slant front pockets and a drawstring at the waist.

You state that the garments have a plastics application (not visible to the naked eye) rendering them water resistant.

For the purposes of this ruling, we shall assume this to be true. However, Customs suggests that you submit appropriate documentation to the entry officer at the time of importation.

ISSUE:

Whether the garments can be considered a track suit under the HTSUSA?

LAW AND ANALYSIS:

Heading 6211, HTSUSA, provides for woven track suits. The Explanatory Notes (EN) to the HTSUSA constitute the official interpretation of the tariff at the international level. While not legally binding, they do represent the considered views of classification experts of the Harmonized System Committee. It has therefore been the practice of the Customs Service to follow, whenever possible, the terms of the Explanatory Notes when interpreting the HTSUSA.

Explanatory Note 62.11 states that the "provisions of the Explanatory Note to heading 61.12 concerning track suits [apply], ... mutatis mutandis, to the terms of this heading." Explanatory Note 61.12 provides, in pertinent part:

(A) Track suits, i.e., knitted articles consisting of two pieces, not lined but sometimes with a raised inner surface (nap) which, because of their general appearance and the nature of the fabric, are clearly meant to be worn exclusively or mainly in the pursuit of sporting activities.

In HRL 087511 of January 14, 1991, we stated:

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.

Accordingly, the lining of the garments in question is acceptable for purposes of classification in heading 6211, HTSUSA.

In HRL 089321 of August 19, 1991, we classified boys' athletic-style garments imported in sizes 8-20. Therein, we stated:

In ... HRL 088569, dated May 31,
1991, it was held that only garments which are commonly and commercially known as
"track suits" are classifiable as track suits. These are garments which are usually associated in some manner with running or jogging.

In this instance, ... we do not believe that the instant merchandise is classifiable as track suits. We note that due to fashion changes, many all-purpose and leisure-type garments are styled to resemble warm-up and track suits. These garments can be seen being worn in grocery stores, on golf courses, etc., and are virtually indistinguishable in appearance
from real warm-up and track suits. Since track suits are required to be intended to be worn exclusively or mainly for sporting activities (related to running and jogging), garments which are not intended for those type activities will most likely be worn for leisure and non[-]running and non[-]jogging activities.

Accordingly, when sets of garments are stated to be track suits, but appear to Customs to be leisure or multipurpose garments, evidence should be presented to the Customs classifying officer sufficient to establish the fact the merchandise in question is intended to be worn during running or jogging activities. In the absence of such evidence, Customs may classify such garments under provisions other than those which provide for track suits.

With regard to the sample garments, no evidence was submitted that the garments are intended to be used during running or jogging; indeed, you claim that they will be routinely worn as every day clothing. Style 40310 is therefore not classifiable as a track suit.

HOLDING:

As a result of the foregoing, the instant merchandise is classified as follows:

Jacket

... under subheading 6201.93.3000, HTSUSA, textile category 634, as men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of man- made fibers, other, other, other, water resistant. The applicable rate of duty is 7.6 percent ad valorem.

Trousers

... under subheading 6203.43.3500, HTSUSA, textile category 647, as men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, water resistant trousers or breeches. The applicable rate of duty is 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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director

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