HQ 0089067 - Track suits are considered women's or girls, not unisex, where different marketing lines for men and women, the full posterior and narrow waist of the women's trousers, the narrow shoulder cut of the women's jacket, and the right hand zipper pull of the men's jacket (as opposed to the left hand pull of the women's jacket) - analogous to the left over right buttoning mentioned in the Textile Guidelines. - United States International Trade Commision Rulings

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HQ 089067

September 5, 1991

CLA-2 CO:R:C:T 089067 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0030; 6211.33.0035; 6211.43.0040; 6211.43.0050

Mr. William Horowitz
Clover Leisure, Inc.
9318 North 95TH Way
Suite 109
Scottsdale, AZ 85258

RE: Track suits are considered women's or girls, not unisex, where different marketing lines for men and women, the full posterior and narrow waist of the women's trousers, the narrow shoulder cut of the women's jacket, and the right hand zipper pull of the men's jacket (as opposed to the left hand pull of the women's jacket) - analogous to the left over right buttoning mentioned in the Textile Guidelines.

Dear Mr. Horowitz:

This is in reply to your letter of April 9, 1991. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of track suits, produced in Hong Kong.

FACTS:

The merchandise at issue consists of two styles of track suits, "Sahara" and "Lady Sahara." The former is purportedly for men; the latter for women. Although the style name was not mentioned, one of these styles was the subject of Headquarters Ruling Letter (HRL) 088181 of February 5, 1991. Therein, we described the garments as:
a two piece jogging suit, the upper garment is a long sleeved jacket having
100 percent nylon shell, and a woven fabric lining made of 65 percent polyester and 35 percent cotton. Two side slash pockets are placed on either side of the zippered front; the left hand pocket has a zipper as well. The collar provides turtleneck-style coverage when the jacket is closed.

The sleeve cuffs have vertical 7 inch zippers which allows them to be rolled up [(this feature is NOT in the instant samples)], and an elasticized edge secures both cuffs and the waist.

The pants are made of the same fabric content as the jacket, and match the jacket's main color. The full inner lining is also 65 percent polyester/35 percent cotton fabric. Both the drawstring waist and the cuffs with vertical zippers are elasticized for a secure fit. The pants also feature a zippered back pocket and two side slash pockets.

We also stated that "[t]here is no evidence as to whether these garments are intended for wear by men or women."

Based upon this last statement, we classified the garment as a women's track suit. You have expressed concern that resulting from the lack of a style name in HRL 088181, both the Sahara and Lady Sahara track suits will be appraised as women's track suits.

ISSUE:

Whether the track suits at issue are considered unisex under the HTSUSA?

LAW AND ANALYSIS:

Subheading 6211.33, HTSUSA, provides for, inter alia, men's or boys' track suits. Subheading 6211.43, HTSUSA, provides for similar garments for women or girls. The General Rules of Interpretation (GRIs) to the HTSUSA govern the class- ification of goods in the tariff schedule. GRI 1 states, in pertinent part, that:

... classification shall be determined according to the terms of the headings and any relative section or chapter notes ...

Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRIs, taken in order. Note 8 to Chapter 62, HTSUSA, states:

Articles of this chapter which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

The Customs Service periodically issues the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories. The Guidelines, most recently published at 53 Fed. Reg. 52563 (Dec. 28, 1988), CIE 13/88 (Nov. 23, 1988), note that since certain types of garments are closely related in use, the Guidelines "are to be used as an aid in determining the commercial designation and, hence, the classification of an article." Used as such, they "represent
the present position of the Customs Service."

The Guidelines, in the Foreword, discusses the issue of the sex of apparel wearers.

In determining whether a garment is identifiable as men's or boys', or as women's or girls', the following should be considered: 1) sizing, 2) construction, 3) styling, and 4) other factors such as packaging, labelling, etc. Little weight should be given to the consignee or ultimate retailer of a particular shipment or its invoicing. Other factors may be considered and any other factor may be determinative by itself or in combination with one or more factors. Note that pullover shirts which button left over right will be considered men's or boys' shirts.

After examining the samples submitted, it is our opinion that the Lady Sahara is classifiable as a women's track suit, and the Sahara is classifiable as a men's track suit. Factors influencing our decision were the different marketing lines for men and women, the full posterior and narrow waist of the Lady Sahara trousers, the narrow shoulder cut of the Lady Sahara, and the right hand zipper pull of the Sahara (as opposed to the left hand pull of the Lady Sahara) - analogous to the left over right buttoning mentioned in the Guidelines, supra.

You have also requested a ruling as to the correctness of potential country of origin marking on the garments' labels. No mention was made, however, as to whether the garments were made from imported fabric. Complete information as to this element, as well as what construction processes might have taken place in other countries, must be provided. Should you wish to submit such a request, please direct your correspondence to:

Director, Commercial Rulings Division
Office of Regulations & Rulings
ATTN: Value and Marking Branch
U.S. Customs Service
1301 Constitution Avenue, N.W.
Washington, D.C. 20229

HOLDING:

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

Style Sahara

Trousers

... under subheading 6211.33.0030, HTSUSA, textile category 647, as track suits, ski-suits and swimwear; other garments, other garments, men's or boys', of man-made fibers, track suits, trousers. The applicable rate of duty is 17 percent ad valorem.

Jacket

... under subheading 6211.33.0035, HTSUSA, textile category 634, as track suits, ski-suits and swimwear; other garments, other garments, men's or boys', of man-made fibers, track suits, other. The applicable rate of duty is 17 percent ad valorem.

Style Lady Sahara

Trousers

... under subheading 6211.43.0040, textile category 648, as track suits, ski-suits and swimwear; other garments, other garments, women's or girls', of man- made fibers, track suits, trousers. The applicable rate of duty is 17 percent ad valorem.

Jacket

... under subheading 6211.43.0050, textile category 635, as track suits, ski-suits and swimwear; other garments, other garments, women's or girls', of man- made fibers, track suits, other. The applicable rate of duty is 17 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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