HQ 087957: Two piece garment with a woven outer shell and an innerlining capable of imparting ability to breathe and wick awayperspiration is classifiable as a track suit. HRL 087511.

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 087957

                        January 23, 1991



CLA-2 CO:R:C:T 087957 CRS

CATEGORY:  Classification

TARIFF NO.:  6211.43.0040; 6211.43.0050

Mr. Anthony M. Anzalone
Vice President
Amshico Corp.
167-10 South Conduit Avenue
Jamaica, NY 11434

RE:  Two piece garment with a woven outer shell and an inner
lining capable of imparting ability to breathe and wick away
perspiration is classifiable as a track suit.  HRL 087511.

Dear Mr. Anzalone:

     This is in reply to your letter dated August 22, 1990, to
our New York office, on behalf of your client, Roots Sportswear,
Inc., concerning the classification of a track suit under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  A sample was provided.

FACTS:

     The article in question is a women's track suit, style 100,
consisting of a jacket and trousers.  The outer shell of each
garment is made from 100 percent woven nylon while both are lined
with a light-weight jersey knit fabric of 100 percent cotton.
The jacket has a full front opening with a zip-through collar,
zippered pockets at the waist, and elasticized cuffs and
waistband.  The trousers have slant front pockets, elasticized
cuffs with a vertical zipper and gusset, and an elasticized
waistband with a tunneled outer drawstring.

ISSUE:

     Whether a lined garment is classifiable under the provision
for track suits of heading 6211, HTSUSA.

LAW AND ANALYSIS:

     Heading 6211, HTSUSA, provides for, inter alia, woven track
suits.  The issue of whether lined track suits are classifiable
under this heading was recently addressed in Headquarters Ruling
Letter (HRL) 087511 dated January 14, 1991.  While lined track
suits were previously excluded from heading 6211, HTSUSA, on the
basis of the Explanatory Note (EN) to heading 6112 (which
applies, mutatis mutandis, to heading 6211), this position was
reversed in HRL 087511.  There we stated:

          In applying the "knitted" EN to the "woven" heading, we
     failed to take into account several physical differences
     between the two construction types.  A knit construction in
     the outer shell of track suits is desirable because of the
     fabric's ability to both "breathe" and wick away
     perspiration.  An inner liner of any material would not
     augment these characteristics significantly, and would
     likely create an atmosphere of undesirable warmth for the
     athletic wearer.

          Contrarily, woven outer shells of track suits do not
     solely impart the aforementioned characteristics....Track
     suits with a woven shell and an inner lining capable of
     imparting the characteristics enumerated above are therefore
     classifiable in heading 6211, HTSUSA, as track suits.  HRL
     084736 of June 13, 1989, and any other rulings not in
     accordance with this opinion, are hereby revoked.

     The track suit in question is made from woven material and
has a liner capable of breathing and wicking away perspiration
and is therefore classifiable in heading 6211, HTSUSA.

HOLDING:

     The trouser component of the track suit is classifiable in
subheading 6211.43.0040, HTSUSA, under the provision for track
suits, ski-suits and swimwear; other garments:  other garments,
women's or girls':  of man-made fibers:  track suits:  trousers.
The trousers are dutiable at 17 percent ad valorem and are
subject to textile category 648.

     The jacket component of the track suit is classifiable in
subheading 6211.43.0050, HTSUSA, under the provision for track
suits, ski-suits and swimwear; other garments:  other garments,
women's or girls':  of man-made fibers:  track suits:  other.
The jacket is dutiable at 17 percent ad valorem and is subject to
textile category 635.

     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, you should contact your 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