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HQ 089450


August 15, 1991

CLA-2 CO:R:C:T 089450 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.23.0050; 6203.23.0060

Mr. John Pellegrini
Ross & Hardies
529 Fifth Avenue
New York, NY 10017-4608

RE: Track suit like garments with inner lining of flannel fabric are not classifiable as track suits. Insulation; perspiration; wick; nap

Dear Mr. Pellegrini:

This is in reply to your letter of April 10, 1991, concerning the tariff classification of boys' and girls' wind suits, produced in either the Philippines, Macau, Taiwan and/or the People's Republic of China, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please reference your client Robin International (U.S.A.) Inc.

FACTS:

The merchandise at issue consists of boys' and girls' warm-up suits. The garments will be imported in sizes ranging from 2-4, 4-7, and 8-20. One sample was submitted. The submitted sample, style 9157, consists of a woven nylon jacket and trousers stated to have an application of acrylic plastics such that the garments are water resistant within the meaning of Additional U.S. Note 2 to Chapter 62, HTSUSA. We assume for the purposes of this ruling that this water resistance exists. We recommend that certification of compliance with Additional U.S. Note 2 to Chapter 62, HTSUSA, accompany entry of this merchandise. This application of plastics is not visible to the naked eye. Both garments are made from pieced construction consisting of several colored fabric inserts. Both garments have a 100% woven nylon shell and a 100% woven cotton flannel lining.

The jacket has a full front opening with a zip-through collar, slant pockets at the waist, and elasticized cuffs and waistband. The trousers have an elasticized waist with a drawstring, elasticized cuffs with zippers, slant pockets, and no opening at the waist.

ISSUE:

Whether the flannel lining disqualifies the instant merchandise from classification as a track suit?

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.

You argue that the flannel lining in the instant garments is not the type of lining envisioned by HRL 087511. You state that "[t]he purpose of the flannel lining is warmth; it is not intended to promote breathability or to wick away perspiration." We agree. Flannel, a light to medium weight napped fabric, provides better insulation than similar non- napped fabrics because they entrap dead air. See Pizzuto, Joseph, FABRIC SCIENCE (4TH ed.) (Fairchild 1980). This facility is not consistent with those characteristics enumerated above: "the ability to both breathe and to wick away perspiration." Track suit-like garments lined with flannel, therefore, are clearly NOT meant to be worn exclusively or mainly in the pursuit of sporting activities, and are not classifiable as track suits.

HOLDING:

As a result of the foregoing, and assuming the garments are water resistant as described above, the instant merchandise is classified as follows:

Jacket

... under subheading 6203.23.0050, HTSUSA, textile category 634, as men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), ensembles, of synthetic fibers, other, garments described in heading 6201. The applicable rate of duty is that rate applicable to the garment if entered separately: 7.6 percent ad valorem.

Trousers

... under subheading 6203.23.0060, 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), ensembles, of synthetic fibers, other, trousers and breeches. The applicable rate of duty is that rate applicable to the garment if entered separately: 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,


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