United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0954214 - HQ 0954345 > HQ 0954214

Previous Ruling Next Ruling



HQ 954214


September 2, 1993

CLA-2 CO:R:C:T 954214 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6203.43.3500

Jacqueline A. Bonace
Blair Corporation
220 Hickory Street
Warren, PA 16366-0001

RE: Reconsideration of DD 884440, dated May 3, 1991; Classification of water resistant separates; Chapter 62; Heading 6211; track suits; sets v. separates

Dear Ms. Bonace:

This is in response to your request dated May 17, 1993, for reconsideration of DD 884440, dated May 3, 1993, concerning the tariff classification of men's upper and lower body garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted for examination. The merchandise in question will be entered through the port of Cleveland, Ohio.

FACTS:

The merchandise in question is described as Style 7156. Style 7156 consists of a man's woven 100 percent nylon jacket and pants. Both garments contain a 65 percent polyester/35 percent cotton jersey knit lining and a 600 mm layer of coating on the nylon outershell. This layer of coating on the exterior of the garments renders them water resistant for tariff classification purposes. The jacket features a full frontal opening that is secured by a zipper closure, two side pockets, long sleeves with elasticized cuffs, and a drawstring tightening around the waist. The pants contain an elasticized waistband with a metal snap fastener, a drawstring tightening around the waist, a zipper fly front, and two side pockets.

DD 884440 classified the subject garments as a track suit under Heading 6211, HTSUSA. You contend that the garments are properly classifiable as water resistant separates in Chapter 62, HTSUSA.
ISSUE:

Whether the garments in question were properly classified as a track suit under Heading 6211, HTSUSA in DD 884440, or whether they are classifiable as water resistant separates under the appropriate headings in Chapter 62, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). 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 is to be classified in accordance with subsequent GRI's, taken in order.

Heading 6211, HTSUSA, is the provision for track suits. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN), although not legally binding, are the official interpretation of the tariff at the international level. The EN to Heading 6211, HTSUSA, 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. The EN further state that the trouser component of a track suit can not contain an opening at the waist and therefore no buttons or other fastening system.

In this case, the pants at issue contain an opening at the waist in addition to a zipper fly front with a snap closure. As the EN to Heading 6211, HTSUSA, specifically state that the pant component of a track suit classifiable under that heading cannot contain such features, the garments in question cannot be properly classifiable as a track suit under Heading 6211, HTSUSA.

You maintain that since the garments in question have an outershell of fabric that has been covered with 600 mm of coating which renders them water resistant that they should be classified as water resistant separates in Chapter 62 of the HTSUSA. Additional U.S. Note 2, Chapter 62, HTSUSA, provides, in pertinent part:

[T]he term "water resistant" means that garments classifiable in those subheadings must have water resistance (see ASTM designations D 3600-81 and D 3781-79) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with AATCC Test Method 35-1985. This water resistance must be the result of a rubber or plastics application to the outer shell, lining or inner lining.

Since the garments in question do not meet the requirements for classification as a track suit, the only other alternative is to classify them as separates in Chapter 62, HTSUSA. The jacket is classifiable under Heading 6201, HTSUSA, which provides for men's or boys' windbreakers and similar articles. The pants are classifiable under Heading 6203, HTSUSA, which provides for men's or boys' trousers. As a result of the 600 mm of coating added to the exterior surface of the subject garments, they should meet the water resistance test in accordance with Additional U.S. Note 2, Chapter 62, HTSUSA. Therefore, they are classifiable under the applicable water resistant subheading.

HOLDING:

The jacket in question is classifiable under subheading 6201.93.3000, HTSUSA, which is the provision for men's water resistant windbreakers and similar articles. The applicable rate of duty is 7.6 percent ad valorem and the textile restraint category is 634. The pants at issue are classifiable under subheading 6203.43.3500, HTSUSA, which provides for men's water resistant trousers. The applicable rate of duty is 7.6 percent ad valorem and the textile restraint category is 647.

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 renegotiations 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 internal issuance of the U.S. Customs Service, which is available for inspection 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 applicable to textile merchandise, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: