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HQ 952080

September 15, 1992

CLA CO:R:C:T 952080 jb


TARIFF NO.: 6211.43.0050; 6211.43.0040

Mr. Arthur Stein
ETA Import & Export Ltd.
248-06 Rockaway Blvd.
Suite 286
Jamaica, NY 11422

RE: Women's woven warm-up suits, size range 38-44; EN to heading 6112, HTSUSA; Additional U.S. Note 1(a); heading 6211, HTSUSA

Dear Mr. Stein:

This is in reply to your inquiry, dated May 18, 1992, on behalf of your client, Extra Sportswear, requesting the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of a women's woven warm-up suit imported from China. A sample was provided to this office for examination.


The sample submitted, Style number 35704, is a size 44/24W suit, for larger size women. Both the jacket and pants have an outershell of a crinkle nylon fabric and are lined with a jersey knit fabric. The jacket has a partial front zipper opening with a zip-through collar, a tunneled drawstring in the collar, side seam pockets at the waist, elasticized cuffs and waistband, and a cover over the zipper opening. The trousers have an elasticized waist with no break, side seam pockets and vertical zippers at the cuffs which are elasticized.


Whether the warm-up suit is classifiable as a track suit in heading 6211, HTSUSA?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

Heading 6211, HTSUSA, provides for, inter alia, track suits. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, the official interpretation of the tariff at the international level, to heading 6112, HTSUSA, apply mutatis mutandis to the provisions of heading 6211, HTSUSA. In defining track suits the EN state:

Track suits... 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.

Track suits consist of two garments, namely:

- A garment meant to cover the upper part of the body down to or slightly below the waist. It has long sleeves, with ribbed or elasticated bands, zip fasteners or other tightening elements at the cuffs. Similar tightening elements, including drawstrings, are generally to be found at the bottom of this garment. When it has a partial or complete opening at the front, it is generally fastened by means of a slide fastener (zipper). It may or may not be fitted with a hood, a collar and pockets.

- A second garment (a pair of trousers) which may be either close or loose fitting, with or without pockets, with an elasticated waistband, drawstring or other means of tightening at the waist, with no opening at the waist and therefore no buttons or other fastening system. However, such trousers may be fitted with ribbed or elasticated bands, slide fasteners (zippers) or other tightening elements at the bottom of the trouser-legs which generally go down to ankle level. They may or may not have footstraps.

In Headquarters Ruling Letter (HRL) 950203, dated November 21, 1991, Customs determined that the governing standard for the classification of track suits is "principle use" as set forth in Additional U.S. Note 1(a). In order for garments to be classifiable in heading 6211, HTSUSA, they must be in the class or kind of merchandise whose principle use is in the sporting activities involving running or jumping.
In HRL 088569, dated May 31, 1991, Customs determined that only garments which are commonly and commercially known as "track suits" are classifiable as such. Customs has consistently ruled that in order to warrant classification in the track suit category, the garment must be worn for running, jogging, or related activities (See HRL 950203, dated November 21, 1991; HRL 089770, dated August 23, 1991).

In determining whether this heading provides the appropriate classification for the article at issue, a determination must be made as to whether the subject merchandise possesses the general appearance and appropriate use as a track suit. The EN are clear in emphasizing that the article's exclusive or main use must be in the pursuit of sporting activities to warrant classification as a track suit. As the terms "exclusive" and "main" are contradictory for purposes of setting a standard, where it is sufficient for an article to be worn "mainly" in the pursuit of sports, there is no requirement that such use be exclusive.

The submitted sample features a jersey knit fabric lining. It should be noted that Customs has ruled in the past that this feature does not serve to preclude classification of this style as a track suit so long as the general appearance of the article is that of a track suit and this feature does not interfere with the wearer's ability to engage in sporting activities (See HRL 087511, dated January 14, 1991; HRL 087966, dated January 30, 1991).

Style number 35704 has the general appearance of a track suit. The jacket component covers the upper body to the waist, has long sleeves with elasticized wrists, partial front zippered opening with a zip-through collar and side seam pockets. The pant component is a loose-fitting trouser with elasticized waistband and vertical zippers at the cuffs. The garment is made from a woven nylon fabric with a lightweight knit lining. These materials are frequently used in the manufacture of track suits.

This office recognizes that garments such as these have become popular over the last several years and are worn for uses extending beyond sports wear (as for example, leisurewear when walking, relaxing, shopping, etc). Nonetheless, it is the opinion of this office that the design of the submitted article is conducive for use in sports: the fit is loose for mobility, the lining is made from a lightweight fabric which wicks away perspiration, and the body is sufficiently covered to provide warmth when exercising outdoors. Absent evidence that the garment is not being marketed primarily for sports activities, we will not preclude its classification as a track suit.


Style number 35704 is classifiable as a track suit. The jacket is classified in subheading 6211.43.0050, HTSUSA, which provides for women's or girls' track suits of man-made fibers, other, and the textile quota category is 635. The trousers are classified in subheading 6211.43.0040, HTSUSA, which provides for women's or girls' track suits of man-made fibers, trousers, and the textile quota category is 648. The applicable rate of duty for both the jacket and trousers is 17 percent ad valorem.

The designated textile and apparel categories 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 negotiations and changes, to obtain the most current information available we suggest your client 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 for inspection at the local Customs office.

Due to the nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director

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