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HQ 088278

February 27, 1991

CLA-2 CO:R:C:T 088278 CMR


TARIFF NO.: 6211.33.0035, 6211.33.0030

Ms. Peggy Nugent
Colonial Corporation of America
111 West 40th Street
New York, New York 10018

RE: Classification of a men's jogging suit

Dear Ms. Nugent:

This ruling is in response to your letter of November 11, 1990, regarding the classification of a men's jogging suit. The jogging suit will be imported from Taiwan or Hong Kong. Samples were received with your inquiry.


The jogging suit at issue, style 9460-6, consists of a men's jacket and pants. Both garments have an outershell of woven nylon with an acrylic coating and a complete lining of jersey knit 65 percent polyester/35 percent cotton fabric. The jacket has a full-front opening with a zipper to the top of the collar, a hood, a flap over the front opening, zippered slant pockets at the waist, and elasticized cuffs and waistband. The pants have an elasticized waistband, front pockets and adjustable ankle tabs with hook-and-loop fasteners.

The jacket and pants are color coordinated. The jogging suit will be imported from Taiwan or Hong Kong.


Are the jacket and pants of the jogging suit at issue classifiable as a track suit of heading 6211, HTSUSA, or separately classified as garments of headings 6201, HTSUSA, and 6203, HTSUSA, respectively?


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]."

In HRL 087511 of January 14, 1991, Customs classified a similar jacket and pants set as a woven track suit of heading 6211, HTSUSA. Prior to the issuance of HRL 087511, lined track suits were excluded from heading 6211, HTSUSA, on the basis of the Explanatory Note (EN) to heading 6112 (which applies, mutatis mutandis, to heading 6211). In HRL 087511, Customs reversed this position stating:

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. 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. HRL 084736 of June 13, 1989, and any other rulings not in accordance with this opinion, are hereby revoked.

Customs believes the coordinated jacket and pants at issue here are recognizable and classifiable as a woven track suit. They are similar in construction and basic design to the garments at issue in HRL 087511 and to the women's woven track suit classified in HRL 087957 of January 23, 1991.

The presence of the acrylic coating in this case does not affect the classification as the coating is not visible to the naked eye and no claim of water resistance being imparted by the coating has been made.


The coordinated jacket and pants at issue are classifiable as a men's woven track suit of man-made fibers in heading 6211, HTSUSA. The jacket is classified in subheading 6211.33.0035,HTSUSA, textile category 634. The pants are classified in subheading 6211.33.0030, HTSUSA, textile category 647. Both garments are subject to a rate of duty of 17 percent ad valorem.

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.

Your sample will be returned, as requested, under separate cover.


John Durant, Director
Commercial Rulings Division

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