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HQ 951532


June 4, 1992

CLA-2 CO:R:C:T 951532 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5010; 6204.63.3510

Area Director of Customs
U.S. Customs Service
JFK International Airport
Bldg. 178
Jamaica, NY 11430

RE: Request for Internal Advice No. 16/92; Classification of Jacket and Pants as a Track Suit

Dear Sir:

This ruling is in reply to the Request for Internal Advice dated January 28, 1992, from Sharretts, Paley, Carter & Blauvelt, P.C., on behalf of Fleet Sheet, Ltd., concerning the classification of jackets and trousers under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted for examination.

FACTS:

The size extra large sample consists of a pair of color- coordinated trousers and jacket. Both garments contain an outer shell of 100 percent woven nylon and a complete lining of 65 percent polyester and 35 percent cotton fabric. The weight of the lining is substantial enough to provide insulation and warmth. The blue, white, and gold jacket has a full front opening with a metal zipper that extends to the top of the collar, elasticized waistband and cuffs, and a collar that is tightened by a folded drawstring. The jacket also contains slant pockets at the waist with metal zippers, sewn-in shoulder pads, and quilting at the sides of the upper half of the zipper and the front of the upper arms. The all blue pants have an elasticized waistband and cuffs, two side slash pockets, and vertical zippers at the outer ankle. The merchandise size range consists of small, medium, large, and extra large.

The importer contends that a large volume of the merchandise will be sold to Herman's Sporting Goods Store. The importer also submitted a circular from Herman's advertising similar garments as "warmups".

ISSUE:

Whether the sample merchandise is classifiable as track suits, or whether they are classifiable as separates?

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRIs) of the HTSUSA. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRIs taken in order.

Heading 6211, HTSUSA, provides for, inter alia, track suits. The Explanatory Notes, which are the official interpretation of the HTSUSA at the international level state that track suits consist of two garments, one for the upper body and a pair of trousers, 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 Headquarters Ruling Letter (HRL) 088569, dated May 31, 1991, Customs determined that only garments which are commonly and commercially known as "track suits" are classifiable as "track suits." Customs has consistently ruled that in order to warrant classification in the track suit category, the garment must be worn for running, jogging, or related activities. See HRL 950203, dated November 21, 1991; HRL 088569, dated May 31, 1991; HRL 089770, dated August 23, 1991. Customs has also ruled that woven track suits may have linings. See HRL 087511, dated January 14, 1991; HRL 087966, dated January 30, 1991.

You assert that the sample items are classifiable as a track suit. Customs, however, does not agree with this assertion. As a result of fashion trends, garments that resemble track suits are being worn primarily for leisure activities. Since the EN specifically state that the garments must be worn "exclusively or mainly" in the pursuit of sporting activities, all-purpose garments are not classifiable in the track suit category.

In this instance, the sample garments do not have the general appearance of a track suit. Customs has consistently ruled that garments associated with running and jogging may be lined as long as the purpose of the lining is breathing and wicking away moisture from the skin. However, the extensive quilted insulation in the sample jacket precludes it from being functional for athletic purposes. Thus, the substantial insulation in the jacket seems to be constructed for warmth in nonathletic activities. See HRL 089450, dated August 15, 1991, Customs ruled that the purpose of a track suit-like garment with an inner lining of flannel fabric was warmth; and therefore, not classifiable as a track suit.

Other features that detract from the track suit classification claim are the shoulder pads in the jacket, a metal D-ring with a fabric tab at the waist of the jacket, and the locking collar drawstring. After examining all of the characteristics in their totality, we believe that the sample garments are meant to be worn as leisurewear and not principally for sporting endeavors.

Although you submitted advertisements from Herman's Sporting Goods Store as evidence of the sample garments being marketed and sold as "warmups", the general appearance of the garments do not clearly indicate that the goods are to be used "exclusively or mainly" for sporting activities.

HOLDING:

Based on the foregoing, the jacket is classifiable in subheading 6202.93.5010, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of Heading 6204. The applicable rate of duty is 29.5 percent ad valorem. The textile category is 635.

The trousers are classifiable in subheading 6204.63.3510, HTSUSA, which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear). The applicable rate of duty is 30.4 percent ad valorem. The textile category is 648.

Sincerely,

John Durant, Director
Commercial Rulings Division

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