us-cbp-cross-rulings-hq-089146•HQ 089146: Children's track suit-like garments are not track suitsabsent evidence that they are intended for use primarily injogging or running.
HQ 089146: Children's track suit-like garments are not track suitsabsent evidence that they are intended for use primarily injogging or running.
us-cbp-cross-rulings-hq-089146HQ 089146: Children's track suit-like garments are not track suitsabsent evidence that they are intended for use primarily injogging or running.Guidance
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 089146
September 3, 1991
CLA-2 CO:R:C:T 089146 HP
CATEGORY: Classification
TARIFF NO.: 6201.93.3520; 6203.43.4020
Mr. Steven M. Kott
Manager
Foreign Merchandise Services
Kmart Fashions
7373 West Side Avenue
North Bergen, NJ 07047
RE: Children's track suit-like garments are not track suits
absent evidence that they are intended for use primarily in
jogging or running.
Dear Mr. Kott:
This is in reply to your letter of April 3, 1991. That
letter concerned the tariff classification, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), of boys'
wind sets, produced in Taiwan.
FACTS:
The merchandise at issue consists of a set of garments for
boys, Style 9327, ranging in sizes from 8-14. The set consists
of a jacket and pants in coordinating, not identical, colors.
Both garments have an outer shell made from Trilobal 210T woven
nylon fabric, and a knit jersey lining which appears to be either
cotton or a blend containing cotton. The jacket, which is of
pieced construction and features a variety of colored fabric
inserts and rows of parallel contrasting stitching, has a full
front opening with a zip through collar, slant pockets at the
waist, a partially elasticized waistband, elasticized cuffs, and
a small covered snap pocket on the left front (near the zipper
opening). The trousers have a fully elasticized waist and cuffs,
no drawstring at the waist, unsecured slant, side-seam pockets,
and partial zippers at the cuffs. They feature small decorative
rows of contrasting stitching along the sides.
ISSUE:
Whether the garments can be considered a track suit 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.
Accordingly, the lining of the garments in question is acceptable
for purposes of classification in heading 6211, HTSUSA.
In HRL 089321 of August 19, 1991, we classified boys'
athletic-style garments imported in sizes 8-20. Therein, we
stated:
In ... HRL 088569, dated May 31, 1991,
it was held that only garments which are
commonly and commercially known as "track
suits" are classifiable as track suits.
These are garments which are usually
associated in some manner with running or
jogging.
In this instance, ... we do not believe
that the instant merchandise is classifiable
as track suits. We note that due to fashion
changes, many all-purpose and leisure-type
garments are styled to resemble warm-up and
track suits. These garments can be seen
being worn in grocery stores, on golf
courses, etc., and are virtually
indistinguishable in appearance from real
warm-up and track suits. Since track suits
are required to be intended to be worn
exclusively or mainly for sporting activities
(related to running and jogging), garments
which are not intended for those type
activities will most likely be worn for
leisure and non[-]running and non[-]jogging
activities.
Accordingly, when sets of garments are
stated to be track suits, but appear to
Customs to be leisure or multipurpose
garments, evidence should be presented to the
Customs classifying officer sufficient to
establish the fact the merchandise in
question is intended to be worn during
running or jogging activities. In the
absence of such evidence, Customs may
classify such garments under provisions other
than those which provide for track suits.
With regard to the sample garments, no evidence was
submitted that the garments are intended to be used during
running or jogging. It is clear that they will be used for wind
protection in every day wear. Style 9327 is therefore not
classifiable as a track suit.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified as follows:
Jacket
... under subheading 6201.93.3520, HTSUSA, textile category
634, as men's or boys' overcoats, carcoats, capes, cloaks,
anoraks (including ski-jackets), windbreakers and similar
articles (including padded, sleeveless jackets), other than
those of heading 6203, anoraks (including ski-jackets),
windbreakers and similar articles (including padded,
sleeveless jackets), of man-made fibers, other, other,
other, other, boys'. The applicable rate of duty is 29.5
percent ad valorem.
Trousers
... under subheading 6203.43.4020, HTSUSA, textile category
647, as men's or boys' suits, ensembles, suit-type jackets,
blazers, trousers, bib and brace overalls, breeches and
shorts (other than swimwear), trousers, bib and brace
overalls, breeches and shorts, of synthetic fibers, other,
other, other, other, other, trousers and breeches, boys,
other. The applicable rate of duty is 29.7 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,
John Durant, Director
Commercial Rulings Division
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