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HQ 084736

June 13, 1989

CLA-2 CO:R:C:G 084736 HP


TARIFF NO.: 6202.93.5010, 6204.63.3510

Ms. Betty Foerster
F.W. Myers & Co., Inc.
2543 N.W. 72nd Avenue
Miami, Florida 33122

RE: Classification of a ladies' track suit

Dear Ms. Foerster:

In a letter dated September 23, 1988 (NYRL 831923), the Acting Area Director, New York Seaport, issued you a ruling letter with respect to tariff classification of a ladies' track suit, consisting of a 100 percent woven nylon outer shell and a blended lining, with different color fabrics in the two garments, produced in Hong Kong. In the ruling letter, the suit was classified under the provisions for women's track suits, of man- made fibers, subheadings 6211.43.0040 and 6211.43.0050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The merchandise described in NYRL 831923 was a two-piece track suit, consisting of a printed jacket and solid colored pants, both manufactured with a woven nylon outershell and a lining of a blended fabric.


Whether the presence of a lining precludes classification of the track suit under heading 6211, HTSUSA?


Heading 6211, HTSUSA, provides for track suits. The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level.

Explanatory Note 62.11 states that the "provisions of the Explanatory Note to heading 61.12 concerning track suits, ... mutatis mutandis, to the articles 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. [Emphasis added].

As a result, classification of the instant merchandise under Heading 6211, HTSUSA, is incorrect.

Heading 6204, HTSUSA, provides for women's or girls' ensembles. The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRI's, taken in order.

GRI 1 states, in pertinent part:

... classification shall be determined according to the terms of the headings and any relative section or chapter notes ....

Note 3(b) to Chapter 62, HTSUSA, restricts ensembles to components with "the same fabric construction, style, color and composition.... The term "ensemble" does not apply to track suits...." Therefore, the instant merchandise is not classifiable under heading 6204, HTSUSA.


As a result of the foregoing, the instant merchandise is classified as follows: the jacket is under subheading 6202.93.5010, HTSUSA, textile category 635, as women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski- jackets), windbreakers and similar articles (included padded, sleeveless jackets), other than those of heading 6204, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of man-made fibers, other, other, other, other, women's. The applicable rate of duty is 29.5 percent ad valorem. The trousers are under subheading 6204.63.3510, HTSUSA, textile category 648, as women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, 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, other, women's. The applicable rate of duty is 30.4 percent ad valorem.

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 applicability of any import restraints or requirements.

Pursuant to section 177.9, Customs Regulations (19 CFR {177.9), the ruling letter of September 23, 1988 is modified in conformity with the foregoing.


John Durant, Director
Commercial Rulings Division?

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