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HQ 088152


February 8, 1991

CLA-2 CO:R:C:T 088152 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0040; 6211.43.0050

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman Counselors at Law
707 Wilshire Blvd.
Suite 5320
Los Angeles, CA 90017

RE: Track suits with a woven outer shell and an inner lining capable of imparting ability to breathe and wick away perspiration are classifiable as track suits.

Dear Mr. Powell:

This is in reply to your letter of October 4, 1990, to our New York office, concerning the tariff classification of women's track suits, produced in either Taiwan, Singapore, Korea, or Sri Lanka, and likely to be imported through the Los Angeles District, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please note your reference number 89- 6182-5(30)I; Nicholas Import Corp., I.D. #95-4222236.

FACTS:

The merchandise at issue consists of a two styles of women's track suit-like garments, described by you as follows:

Style Nos. 11013 and 11014
Tops and Pants:
Shell: 100% nylon woven fabric
Lining: 65% polyester, 35% cotton knit fabric The jackets are of pieced construction and have a full- front zippered opening, pockets at or below the waist, elasticized cuffs and waistband, and a light-weight jersey knit lining. The pants, which are in a coordinating color, have side seam pockets, a drawstring waist, elasticized cuffs with zippers, no break at the waist, and a jersey knit lining. The items were presented packed in a polybag.

ISSUE:

Whether these garments can be considered track suits 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.

The instant garments are therefore classifiable as track suits.

HOLDING:

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

Trousers

... under subheading 6211.43.0040, HTSUSA, 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.

Jackets

... under subheading 6211.43.0050, HTSUSA, 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.

Sincerely,


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