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HQ 087852


November 27, 1990

CLA-2 CO:R:C:G 087852 CMR 854942

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.1020, 6210.50.1030, 6210.40.1020, 6210.40.1030

Ms. Donna Cusick
Head Sports Wear
9189 Red Branch Road
Columbia, Maryland 21045

RE: Lined track suits.

Dear Ms. Cusick:

This ruling is in response to your letter of July 27, 1990, requesting the classification of a lined track suit. The garment will be imported from Hong Kong, Taiwan and Thailand through the port of Baltimore.

FACTS:

The subject garment, style 3015 is a track suit consisting of pants and a jacket. The jacket has a full-front opening which zippers to the top of the collar, elasticized cuffs and waistband, a drawstring collar and slant pockets at the waist. The pants have an elasticized waistband with a drawstring, elasticized pants cuffs with zippers extending approximately eight and one-half inches up the leg, side seam pockets and no waist opening.

Both the jacket and pants will be made with an outershell of woven 100 percent nylon fabric coated with a substance we believe to be a plastics application. A sample swatch of this outershell fabric was submitted for our review. The jacket and pants will also be lined with woven fabric of 65 percent polyester and 35 percent cotton.

Style 3015 will be made for both ladies and men.

ISSUE:

Is style 3015 classified as a track suit of heading 6211, an ensemble of heading 6203 or 6204, according to gender, or under the subheadings for garments made up of visibly coated fabrics in heading 6210?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Heading 6210, HTSUSA, provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907. Legal Note 5, Chapter 62, provides:

Garments which are, prima facie, classifiable both in heading 6210 and in other headings of this chapter, excluding heading 6209, are to be classified in heading 6210.

Therefore, if it is determined that the outershell is visibly coated and the garment is classifiable in heading 6210, it is not necessary to examine classification in either heading 6211 or headings 6203 or 6204.

Heading 5903 provides for textile fabrics impregnated, coated, covered, or laminated with plastics (except tire cord which is provided for in heading 5902). In order for a fabric to be considered a fabric of heading 5903, the impregnation, coating or covering of plastics must be visible to the naked eye as required by Note 2(a)(1) of Chapter 59, with no account taken of any resulting change in color.

It is Customs view that the wording of Note 2(a)(1), visible to the naked eye, is a clear expression by the drafters of the Harmonized System that a significant, if not substantial, amount of material must be added to a fabric for it to be considered impregnated, coated or covered. The plastics material added to the fabric must be visibly distinguishable from that fabric without the use of magnification. Customs believes this criterion is satisfied when the application of plastics material visibly affects the surface character of the fabric. In such an instance, the naked eye is seeing the plastics.

Having examined the sample swatch of the outershell fabric, this office believes that the plastics application on the fabric is visible to the naked eye. Therefore, the fabric is classifiable as fabric of heading 5903.

HOLDING:

The jacket and pants of style 3015 are classifiable as garments made up of fabric of heading 5903 in heading 6210, HTSUSA. The women's jacket is classified in subheading 6210.50.1020, HTSUSA, textile category 635. The women's pants are classified in subheading 6210.50.1030, HTSUSA, textile category 648. The men's style 3015, provided it is identifiable as men's, is classified as follows: the jacket, in subheading 6210.40.1020, textile category 634; the pants, in subheading 6210.40.1030, textile category 647.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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

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