HQ 089304: Children's track suit-like garments are not track suits absent evidence that they are intended for use primarily in jogging or running.

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 089304

                          August 29, 1991






   CLA-2 CO:R:C:T  089304  HP

   CATEGORY:  Classification

   TARIFF NO.:  6201.93.3000; 6203.43.3500

   Ms. Sandra Liss Friedman
   Barnes, Richardson & Colburn
   475 Park Avenue South
   New York, NY 10016

   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 Ms. Friedman:

        This is in reply to your letter of April 3, 1991,
   concerning the tariff classification of boys' track suits,
   produced in Korea, under the Harmonized Tariff Schedule of the
   United States Annotated (HTSUSA).  Please reference your
   client Jonathon Stone, Ltd.

   FACTS:

        The merchandise at issue consists of a boy's jacket and
   pants outfit, Style 40310.  The outfit will be imported in
   sizes 2-4, 4-7 and 8-20.  The jacket has a woven nylon outer
   shell and a knit lining of 65% polyester/35% cotton.  It has a
   full front opening with a zipper to the top of the collar,
   slant zippered pockets at the waist, elasticized cuffs and
   waistband, and a drawstring at the waist.  Various decorative
   writings adorn the front and back of the jacket; no similar
   embellishments garnish the trousers.

        The trousers are also made from a woven nylon outer
   shell, and a knit 65% polyester/35% cotton lining.  They have
   an elasticized waist with no opening, elasticized cuffs,
   zippered slant front pockets and a drawstring at the waist.

        You state that the garments have a plastics application
   (not visible to the naked eye) rendering them water resistant.

   For the purposes of this ruling, we shall assume this to be
   true.  However, Customs suggests that you submit appropriate
   documentation to the entry officer at the time of importation.

   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; indeed, you claim that they will be
   routinely worn as every day clothing.  Style 40310 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 6201.93.3000, 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, water resistant.  The
        applicable rate of duty is 7.6 percent ad valorem.

   Trousers

        ... under subheading 6203.43.3500, 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, water resistant
        trousers or breeches.  The applicable rate of duty is 7.6
        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