HQ 954214: Reconsideration of DD 884440, dated May 3, 1991;Classification of water resistant separates; Chapter 62; Heading6211; track suits; sets v. separates

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 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