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HQ 955518

April 4, 1994

CLA-2 CO:R:C:T 955518 CAB


TARIFF NO.: 6202.93.5011; 6204.63.3510

Regional Commissioner of Customs c/o Protest and Control Section
6 World Trade Center
Room 762
New York, NY 10048-0945

RE: Request for Further Review of Protest No. 1001-92-106901, dated November 12, 1992, concerning the classification of women's upper and lower body garments

Dear Sir:

This is a decision on application for further review of a protest timely filed by Joseph R. Schmidt, on behalf of G.F.I. Holding, against your decision concerning the classification of women's matching upper and lower body garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted for examination.


The jackets and pants at issue are constructed of 100 percent nylon shell fabric with a 65 percent polyester/35 percent cotton lining, and a heavy all over quilted insulating batting. The shell fabric has a satin weave. Generally satin weaves are characterized by long floats which, in addition to providing a lustrous appearance, allow for a much denser weave than a plain weave. A satin weave is much heavier in weight than a plain weave. The jacket contains elasticized sleeves and waistband, a full frontal opening with a zippered means of closure, side seam pockets with zippers, and a quilted exterior pattern. The pants contain an elasticized waistband, side seam pockets, and elasticized cuffs with vertical zippers.

This protest concerns entries of the subject pants and jackets that were liquidated by your port. The pants were liquidated under subheading 6204.63.3510, HTSUSA, which provides for women's trousers. The jackets were liquidated under subheading 6202.93.5010, HTSUSA, which provides for women's windbreakers and similar articles. The protestant claims that the garments are classifiable as track suits and entered the pants under subheading 6211.43.0040, HTSUSA, and the jackets under subheading 6211.43.0050, HTSUSA.


Whether the subject merchandise is classifiable as a track suit under Heading 6211, HTSUSA?


Classification of goods under the 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. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order.

Heading 6211, HTSUSA, is the provision for track suits. The Explanatory Notes to the Harmonized Commodity 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, 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 order to be properly classifiable under Heading 6211, HTSUSA, as a track suit, Customs must conclude that based on construction and design, such garments fit into a class or kind of goods which are intended to be used exclusively or mainly for athletic activities. There are various characteristics present in the subject garments that would indicate that they are track suits for tariff classification purposes. These characteristics include the elasticized waistband, cuffs, and sleeves, the full frontal opening in the jacket, and the loose-fit which allows the wearer to have more freedom and mobility while engaging in sporting activities. However, the garments also contain features that are not common in garments intended and worn during sporting activities. These features include the heavy insulated batting and the satin weave shell fabric. A satin weave fabric is not commonly utilized to manufacture garments intended to be worn during sporting activities. This satin weave is much heavier in weight than a plain weave, thus the garments are too heavy to be comfortably worn while engaging in sports. Generally, a satin weave fabric, especially the subject fabric, is not associated with durability as there is the risk of snagging the filament yarns that make up the long float. As the instant garments do not have the general appearance of a track suit, nor do they meet the minimum requirements for classification as a track suit, the only other alternative is to classify them as separates in Chapter 62, HTSUSA.


Based on the foregoing, the pants are classifiable in subheading 6204.63.3510, HTSUSA, which provides for women's trousers. The applicable rate of duty is 30.4 percent ad valorem and the textile restraint category is 648. The jackets are classifiable in subheading 6202.93.5011, HTSUSA, which provides for women's windbreakers and similar articles. The applicable rate of duty is 29.5 percent ad valorem and the textile restraint category is 635.

The protest should be denied. A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action.

In accordance with Section 3(A)(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Lexis, Freedom of Information Act and other public access channels.


John Durant, Director
Commercial Rulings Division

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