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HQ 089146

September 3, 1991

CLA-2 CO:R:C:T 089146 HP


TARIFF NO.: 6201.93.3520; 6203.43.4020

Mr. Steven M. Kott
Foreign Merchandise Services
Kmart Fashions
7373 West Side Avenue
North Bergen, NJ 07047

RE: Children's track suit-like garments are not track suits absent evidence that they are intended for use primarily in jogging or running.

Dear Mr. Kott:

This is in reply to your letter of April 3, 1991. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of boys' wind sets, produced in Taiwan.


The merchandise at issue consists of a set of garments for boys, Style 9327, ranging in sizes from 8-14. The set consists of a jacket and pants in coordinating, not identical, colors. Both garments have an outer shell made from Trilobal 210T woven nylon fabric, and a knit jersey lining which appears to be either cotton or a blend containing cotton. The jacket, which is of pieced construction and features a variety of colored fabric inserts and rows of parallel contrasting stitching, has a full front opening with a zip through collar, slant pockets at the waist, a partially elasticized waistband, elasticized cuffs, and a small covered snap pocket on the left front (near the zipper opening). The trousers have a fully elasticized waist and cuffs, no drawstring at the waist, unsecured slant, side-seam pockets, and partial zippers at the cuffs. They feature small decorative rows of contrasting stitching along the sides.


Whether the garments can be considered a track suit under the HTSUSA?


Heading 6211, HTSUSA, provides for woven track suits. The Explanatory Notes (EN) to the HTSUSA constitute the official interpretation of the tariff at the international level. While not legally binding, they do represent the considered views of classification experts of the Harmonized System Committee. It has therefore been the practice of the Customs Service to follow, whenever possible, the terms of the Explanatory Notes when interpreting the HTSUSA.

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

In HRL 087511 of January 14, 1991, we stated:

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.

Accordingly, the lining of the garments in question is acceptable for purposes of classification in heading 6211, HTSUSA.

In HRL 089321 of August 19, 1991, we classified boys' athletic-style garments imported in sizes 8-20. Therein, we stated:

In ... HRL 088569, dated May 31, 1991, it was held that only garments which are commonly and commercially known as "track suits" are classifiable as track suits.
These are garments which are usually associated in some manner with running or jogging.

In this instance, ... we do not believe that the instant merchandise is classifiable as track suits. We note that due to fashion changes, many all-purpose and leisure-type garments are styled to resemble warm-up and track suits. These garments can be seen being worn in grocery stores, on golf courses, etc., and are virtually indistinguishable in appearance from real warm-up and track suits. Since track suits are required to be intended to be worn exclusively or mainly for sporting activities (related to running and jogging), garments which are not intended for those type activities will most likely be worn for leisure and non[-]running and non[-]jogging activities.

Accordingly, when sets of garments are stated to be track suits, but appear to
Customs to be leisure or multipurpose garments, evidence should be presented to the Customs classifying officer sufficient to establish the fact the merchandise in question is intended to be worn during running or jogging activities. In the absence of such evidence, Customs may classify such garments under provisions other than those which provide for track suits.

With regard to the sample garments, no evidence was submitted that the garments are intended to be used during running or jogging. It is clear that they will be used for wind protection in every day wear. Style 9327 is therefore not classifiable as a track suit.


As a result of the foregoing, the instant merchandise is classified as follows:


... under subheading 6201.93.3520, HTSUSA, textile category 634, as men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of man-made fibers, other, other, other, other, boys'. The applicable rate of duty is 29.5 percent ad valorem.


... under subheading 6203.43.4020, HTSUSA, textile category 647, as men's or boys' suits, ensembles, suit-type jackets, blazers, 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, trousers and breeches, boys, other. The applicable rate of duty is 29.7 percent ad valorem.

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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


John Durant, Director

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