HQ 085334: Classification of track suits and reconsideration of NYRL 831923

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 085334

                                   December 1, 1989


            CLA-2 CO:R:C:G  085334  CMR

            CATEGORY: Classification

            TARIFF NO.:  6201.93.3510, 6203.43.4010, 6201.93.3000,
                         6203.43.3500, 6204.23.0030, 6202.93.5010,
                         6204.23.0040, 6204.63.3510

            Peter S. Herrick, Esq.
            825 S. Bayshore Drive
            Suite 548
            Miami, Florida  33131

            RE:  Classification of track suits and reconsideration of NYRL
                 831923

            Dear Mr. Herrick:

                 This ruling is in response to your letter of August 3,
            1989, on behalf of your client, Tail, Inc., regarding the
            classification of men's and women's track suits.  Additionally,
            you have requested that this office affirm NYRL 831923 of
            September 23, 1988, which classified a lined top and lined
            pants set as a track suit in subheading 6211.43.0050, HTSUSA.

            FACTS:

                 The goods at issue are a men's track suit (blue outfit)
            and a women's track suit (pink outfit).  The men's outfit,
            style W3000, has a 100 percent nylon shell.  The jacket is
            lined with a 60 percent cotton/40 percent polyester knit
            fabric, while the pants are lined with a 65 percent
            polyester/35 percent cotton woven fabric.  The jacket has a
            front zipper closure, long sleeves, elasticized cuffs and
            waistband, two front pockets at the waist, knit collar, and a
            noncontrasting embroidered logo on the jacket's left chest
            area.  The pants have an elasticized waistband with a
            drawstring, side vent pockets, a back pocket, and a stitched
            crease down the front of the pants legs.

                 The women's outfit, style C7850, has a 100 percent
            polyester shell and a knit lining of 60 percent cotton/40

















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            percent polyester.  The jacket has a front zipper closure, long
            sleeves, elasticized cuffs and waistband, two front pockets at
            the waist, removable shoulder pads, and a stand-up collar.  The
            pants have an elasticized waistband with a drawstring, side
            vent pockets, and zipper closures at the ankles.

            ISSUE:

                 Are the subject garments classifiable as track suits, or
            is such classification precluded because the garments are
            lined?

                 Were similar garments correctly classified in NYRL 831923
            of September 23, 1988?

            LAW AND ANALYSIS:

                 NYRL 831923 of September 23, 1988, has already been the
            subject of reconsideration in this office in two separate
            rulings.  HRL 083139 of July 21, 1989, modified NYRL 831923 to
            reflect classification of the garments subject to that ruling
            in subheadings for water resistant garments.  HRL 084736 of
            June 13, 1989, also reconsidered the classification of the
            garments which were the subject of NYRL 831923.  In this
            instance, the reconsideration addressed the issue of the
            presence of the linings in the garments.  In that ruling, this
            office ruled that the presence of a lining precluded
            classification of the garments as a track suit.  Therefore,
            following HRL 084736 (copy enclosed), the garments at issue
            here are precluded from classification as track suits due to
            the presence of a lining.

                 Please note that the garment ruled on in HRL 083139, which
            is referred to therein as a rainsuit, is virtually identical to
            the women's track suit at issue herein.  The use of the term
            rainsuit to describe the garment in HRL 083139 is no doubt due
            to the claim that the garment was water resistant.  If such a
            claim had not been made, the garment most likely would have
            been referred to as a track suit which is how it was referred
            to in NYRL 831923.

                 The garments at issue might be classifiable as ensembles
            provided they meet the requirements of that term as set forth
            in the Legal Notes for Chapter 62.  Note 3(b) states:

















                                          -3-


                 The term "ensemble" means a set of garments (other than
                 suits and articles of heading 6207 or 6208) composed of
                 several pieces made up in identical fabric, put up for
                 retail sale, and comprising:

                     -one garment designed to cover the upper part of
                     the upper part of the body, with the exception of
                     waistcoats which may also form a second upper
                     garment, and

                     -one or two different garments, designed to cover
                     the lower part of the body and consisting of trousers,
                     bib and brace overalls, breeches, shorts (other than
                     swimwear), a skirt or a divided skirt.

                 All of the components of an ensemble must be of the same
                 fabric construction, style, color and composition; they
                 also must be of corresponding or compatible size.  The
                 term "ensemble" does not apply to track suits or ski-suits
                 of heading 6211.

                 The women's outfit appears to meet the requirements for
            classification as an ensemble.  The jacket and pants are of
            identical fabric construction, style, color and composition,
            and the garments are of corresponding or compatible size.
            Provided they are put up as a set for retail sale, the garments
            of the pink outfit are classifiable as an ensemble.

                 The men's outfit is not classifiable as an ensemble
            because the jacket and pants are not of identical fabric
            construction and composition.  The lining of the jacket is 60
            percent cotton/40 percent polyester knit fabric, while the
            pants are lined with a 65 percent polyester/35 percent cotton
            woven fabric.  Additionally, the jacket has a rib knit collar.
            The pants have no rib knit fabric as part of their
            construction.  Due to these differences, the blue outfit cannot
            be classified as an ensemble.

            HOLDING:

                 The garments at issue are classified as follows:




















                                          -4-


                 The jacket of the men's outfit is classified under the
                 subheading for anoraks, windbreakers and similar articles
                 in subheading 6201.93.3510, HTSUSA, textile category 634,
                 dutiable at 29.5 percent ad valorem.  The pants are
                 classified in subheading 6203.43.4010, HTSUSA, textile
                 category 647, dutiable at 29.7 percent ad valorem.  If the
                 fabrics of the garments are coated so as to render them
                 water resistant, the jacket would be classified in
                 subheading 6201.93.3000, HTSUSA, textile category 634,
                 dutiable at 7.6 percent ad valorem, and the pants would be
                 classified in subheading 6203.43.3500, HTSUSA, textile
                 category 647, dutiable at 7.6 percent ad valorem.

                 The women's outfit is classified under the subheading for
                 ensembles of synthetic fibers.  The jacket is classified
                 in subheading 6204.23.0030, HTSUSA, textile category 635,
                 dutiable at 29.5 percent ad valorem.  This is the rate of
                 duty that would apply if the garment did not qualify as an
                 ensemble and was therefore classified in subheading
                 6202.93.5010, HTSUSA.  The pants are classified in
                 subheading 6204.23.0040, HTSUSA, textile category 648,
                 dutiable at 30.4 percent ad valorem.  This is the rate of
                 duty that would apply if the garment did not qualify as an
                 ensemble and was therefore classified in subheading
                 6204.63.3510, HTSUSA.  If the fabrics of the garments are
                 coated so as to render them water resistant, the
                 classification remains the same, but the rate of duty
                 changes so that the jacket and pants are dutiable at 7.6
                 percent ad valorem.

                 The designated textile and apparel category may be
            subdivided into parts.  If so, the 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 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 updated weekly
            and 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, you should contact your

















                                          -5-


            local Customs office prior to importation of this merchandise
            to determine the current status of any import restraints or
            requirements.


                                            Sincerely,





                                            John Durant, Director
                                            Commercial Rulings Division

















































            reese library 085334
            6cc: Area Director, New York Seaport
            1cc: CITA
            1cc: Legal Reference Section
            1cc: Phil Robins
            CReese:za:11/30/89