HQ 083182: Cycling Pants

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 083182

                        January 11, 1990



CLA-2 CO:R:C:G 083182 CRS

CATEGORY:  Classification

TARIFF NO.:  5903, 6210.50.1030

Mr. Gary E. Crawford
A.N. Deringer
P.O. Box 559
Jackman, Maine 04945-0559

RE:  Cycling Pants

Dear Mr. Crawford:

     This is in reply to your letter dated July 11, 1988, to our
New York office, in which you requested a ruling under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), regarding cycling pants imported from Canada.

FACTS:

     The article in question is a pair of cycling pants, style
8430L, made from a woven nylon fabric and a knitted spandex
fabric.  The inner surface of the former, which is known
commercially by the name Dermoflex, is coated with a plastics
material and is lined.  The front of the pants and the seat are
made entirely from the coated woven fabric while the rear
portions of the garment are made from knitted spandex.  The pants
have an elasticized waist and a drawstring.  There are zippers on
the side of the pants running from the ankle to mid-calf.

ISSUE:

     Whether the article in question is knitted or crocheted
apparel of Chapter 61, or apparel not knitted or crocheted of
Chapter 62, HTSUSA; and provided that the article is apparel not
knitted or crocheted of Chapter 62, HTSUSA, whether the coated
portion of the article is a made up fabric of heading 5903 such
that it is classified in heading 6210, HTSUSA?

LAW AND ANALYSIS:

     Articles are classified under the HTSUSA in accordance with
the General Rules of Interpretation (GRIs).  GRI 1 provides that
the classification of articles is to be determined according
tothe terms of the headings and any relative section or chapter
notes and, provided the headings or notes do not otherwise
require, according to the remaining GRIs taken in order.

     However, under GRI 2(b), goods consisting of more than one
material are to be classified according to GRI 3.  The article in
question is manufactured from knitted fabric of Chapter 61,
HTSUSA, and woven fabric of Chapter 62, HTSUSA.  The garment is
therefore composed of two materials which are, prima facie,
classifiable under separate headings.

     GRI 3(a) states that the heading which provides the most
specific description is to be preferred to one that is more
general; however, when two headings each refer to only part of
the materials in mixed goods, the headings are to be regarded as
equally specific.  Consequently, the goods cannot be classified
by reference to rule 3(a).  In such a case, GRI 3(b) directs that
they be classified as if they consisted of the material which
gives them their essential character.

     The Harmonized Commodity Description and Coding System,
Explanatory Notes, which constitute the official interpretation
of the Harmonized System at the international level, state in
regard to GRI 3(b) that the factors which determine essential
character may vary between different goods.  Among these are the
nature of the material, its bulk, quantity, weight or value, or
the role of a constituent material in relation to the use of the
goods.  However, in order to clarify essential character
determinations in the textile area, Customs internal memorandum
084118 of April 13, 1989, established certain criteria to be
applied in the classification of garments consisting of different
fabrics or of textile and nontextile components.  The memorandum
states in pertinent part that:

     a.  For upper or lower body garments, if one component
     exceeds 60 percent of the visible surface area, that
     component will determine the classification of the garment
     unless the other component:

          (1)  forms the entire front of the garment; or
          (2)  provides a visual and significant decorative
               effect (e.g. a substantial amount of lace); or
          (3)  is over 50 percent by weight of the garment; or
          (4)  is valued at more than 10 times the primary
               component.

     If no component comprises 60 percent of the visible surface
     area, or if any of the above four listed conditions are
     present, classification will be according to GRI 3(a) or
     3(c), as appropriate.

     As regards the article in question, the woven material
constitutes over 60 percent of the visible surface area.  None of
the four listed conditions is present and thus the cycling pants
are classified under Chapter 62, HTSUSA, as articles of apparel
and clothing accessories, not knitted or crocheted.

     Heading 6210, HTSUSA covers garments made up of fabrics of
heading 5602, 5603, 5903, 5906 or 5907.  Heading 5903, HTSUSA,
covers textile fabrics impregnated, coated, covered or laminated
with plastics, other than those of heading 5902.  Since the woven
fabric is coated with a plastics material it would appear to be
within the ambit of heading 5903.

     The Notes to Chapter 59 state that heading 5903 applies to
coated textile fabrics, whatever the weight of the plastic
material.  However, the Notes also set forth certain
restrictions.  Thus Note 2(a)(1) observes that:

     [f]abrics in which the impregnation, coating or covering
     cannot be seen with the naked eye...

are not encompassed by heading 5903.  No account is to be taken
of changes in color.

     While the woven fabric of the cycling pants is black, the
inside woven portion has turned white as a result of the coating
process.  Contrasting the interior and exterior of the pants we
note that the weave of the material, which is plainly discernible
on the outside of the garment, is obscured on the inside portion.
Since the weave is cloaked, it follows that what the eye
perceives is not merely a change in color but an actual layer of
plastic coating resting on a substratum of woven material.
Consequently, the application of plastics material is a coating
visible within the meaning of heading 5903, HTSUSA.

     Having established that the pants should be classified under
heading 6210, HTSUSA, as a woven garment made up of a fabric
coated with plastics, it remains to be determined where the
article falls within the heading.  Note 8 to Chapter 62 direct
that when articles can be identified as either men's or women's,
they are to be classified under headings covering women's and
girls' garments.  The pants in question are described as unisex,
and pursuant to note 8, are therefore classified as women's or
girls' garments.

HOLDING:

     The cycling pants are classified in subheading 6210.50.1030
under the provision for other women's or girls' garments, of man-
made fibers, other, trousers and breeches.  The pants are subject
to duty at a rate of 7.6 percent ad valorem; the textile category
is 648.

     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