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HQ 952210


October 8, 1992

CLA-2 CO:R:C:T CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0050

Gail T. Cumins, Esq.
Sharrets, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, NY 10004

RE: Classification of ladies' plus size track suits; classifiable in Heading 6211

Dear Ms. Cumins:

This letter is in response to your inquiry of June 12, 1992, on behalf of Foreign Resources Corporation, requesting a tariff classification of ladies' woven warm-up suits under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Two samples were submitted for examination.

FACTS:

The size 18 samples, referred to as plus-size ladies' tracksuits, Style Nos. 34551 and 34553, by the importer, consist of a pair of color coordinated trousers and jackets. Both of the garments in question are made of a 100% woven nylon fabric. The jackets contain a full front opening with a metal zipper, a stand-up collar, front slash pockets, elasticized cuffs and an elasticized waistband. The pants have elasticized cuffs and an elasticized waistband which is tightened by a drawstring.

ISSUE:

Whether plus size ladies' garments are classifiable as track suits under Heading 6211, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order.

Heading 6211, HTSUSA, provides for, inter alia, track suits. The Explanatory Notes to the Harmonized Commidity Description and Coding System (EN), although not legally binding, are the official interpretation of the tariff at the international level. The EN to Heading 6211, HTSUSA, which apply mutatis mutandis to articles classifiable under Heading 6211 state that "track suits consist of two garments, one for the upper body and a pair of trousers, 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 Headquarters Ruling Letter (HRL) 088569, dated May 31, 1991, Customs determined that only garments which are commonly and commercially known as "track suits" are classifiable in Heading 6211, HTSUSA. 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 of November 21, 1991; HRL 089770 of August 23, 1991.

In this instance, the garments at issue possess the general appearance of track suits. The jacket component covers the upper body, has elasticized cuffs and an elasticized waistband. These are typical characterstics of track suit upper body garments. Also, the pant component is loose-fitting, contains elasticized cuffs and an elasticized waistband. Characterstics such as these are commonly found in track suit bottoms to enable mobility, flexiblity, and comfort, while engaging in sports. Morever, the garments are made from a fabric that is often used in the construction of track suits.

The fact that the garments are manufactured for large size women has no bearing on a track suit classification. The garments have the general appearance of a track suit and will be used mainly in the pursuit of sporting activities. Thus, classification in Heading 6211 is warranted. It has been asserted, however, that the targeted marketing group, women wearing plus sizes, generally do not use garments principally for sporting activities. Therefore, additional evidence should be requested to confirm principal use. However, the merchandise at issue is of a class or kind, whose principal use is for sporting endeavors. This is consistent with HRL 952069 of September 11, 1992, where Customs confronted the issue of ladies' plus size track suits and determined that they were properly classifiable in Heading 6211, HTSUSA.

Customs has stated that it generally does not distinguish track suits based on size. However, where the commercial identity of track-suit type garments is in question, Customs may require supplemental evidence in determining the class or kind of merchandise to which the imported goods belong. Finally, the sample garments are indistinguishable from similar garments manufactured in smaller sizes that are classified as track suits. Consequently, the instant garments are classifiable as track suits.

HOLDING:

The merchandise in question is classiable under subheading 6211.43.0050, HTSUSA, which provides for ladies' track suits. The applicable rate of duty is 17 percent ad valorem, and the textile restraint category is 635.

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 renegotiations 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 internal issuance of the U.S. Customs Service, which 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 applicable to textile merchandise, 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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