Toddler track suits; playwear; activewear; sporting activity; classifiable as girls' jacket and trousers heading 6202, 6204, HTSUSA
Active· CBP ruling HQ 088922· Issued 1991-07-17
Ruling text
HQ 088922
July 17, 1991
CLA-2 CO:R:C:T 088922 JS
CATEGORY: Classification
TARIFF NO.: 6202.93.5020; 6204.63.3530
Mary A. Murphy
Reebok International Ltd.
100 Technology Center Drive
Stoughton, MA 02072
RE: Toddler track suits; playwear; activewear; sporting
activity; classifiable as girls' jacket and trousers
heading 6202, 6204, HTSUSA
Dear Ms. Murphy:
This is in reference to your letter of March 1, 1991,
requesting classification of toddler's track suits under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue, style no. WF 91107, is a jacket
and pants toddler set for girls. Both garments have an
outershell of woven nylon and a complete inner lining of 65
percent polyester, 35 percent cotton jersey knit fabric. The
jacket has a full front opening with a zipper closure, which has
a metal pull in the shape of a sneaker. The puffed, stand-up
collar also has a zippered exterior which conceals a woven nylon
hood with drawstring. The jacket has an applied "V" design on
both the front and back, with the Weebok logo embroidered on the
left front side. There are two side vent pockets, and the long
sleeved cuffs and the waistband are elasticized. The pants also
have an elasticized waistband and ankle cuffs; a Weebok label is
inserted at one side seam. You state that this style will be
imported in toddler girls' sizes 2T to 4T.
The garment components are matched as to size, marketed as a
unit, and color coordinated. The items will be imported from
Taiwan and Korea.
In your letter, you state that it is your belief that "a
child going out for a walk with his mother or going to any one of
many children's aerobic centers, or just going out to play
hopscotch, is indeed "mainly" in pursuit of athletic activities
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to the greatest of their ability at this age level." In
addition, you include several pictures of a child playing in a
"gymboree" wearing a garment similar to the one at issue but for
the color.
ISSUE:
Whether this garment is classifiable as children's playwear
or sportswear.
LAW AND ANALYSIS:
Classification of merchandise under the tariff is in
accordance with the General Rules of Interpretation, (GRI) taken
in order. GRI 1 provides that classification will be determined
by the terms of the heading, and any relevant section or chapter
notes.
Heading 6211, HTSUSA, provides for track suits, ski-suits
and swimwear. The Explanatory Notes (EN) at 62.11, apply,
mutatis mutandis, the provisions of EN 61.12 to the articles of
this heading. The Explanatory Notes constitute the official
interpretation of the tariff at the international level, and
state, in relevant part, that
(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.
The full inner lining of both pieces of this garment is made of
65 percent polyester and 35 percent cotton knit material. In HQ
087511, a track suit lined in substantial part (torso and upper
trouser area) with 65 percent polyester/35 percent cotton
lightweight jersey fabric was determined to perform the same
function as an unlined track suit with a raised inner nap capable
of breathing and wicking away perspiration. Thus, the presence
of this type of lining in the garment at issue does not preclude
classification as a track suit.
Next we consider whether the present garment, due to its
general appearance and the nature of the fabric, is clearly meant
to be worn exclusively or mainly in the pursuit of sporting
activities. Inherent in this consideration is the question of
what constitutes a sporting activity, and whether children of
toddler age are capable of such activity.
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Subheading 6211.43 is a use provision. Consequently, the
heading under which the subject merchandise will be classified
will be controlled by the use in the United States at, or
immediately prior to, the date of importation of goods of the
class or kind to which the subject merchandise belongs. The
controlling use is the principal use of this type of merchandise
- the use which exceeds any other individual use in the United
States. See, Additional U.S. Rule of Interpretation 1(a),
HTSUSA.
In a report submitted by the National Import Specialist
(NIS) with expertise in this commodity line, the term "sporting
activity," is interpreted to exclude the play-type activities
engaged in by physically active youngsters, aged 2 to 4, because
they are not participating in a specific athletic activity having
a particular form and substance.
We concur in this interpretation and conclude that there has
been no evidence to support a finding that these garments are
primarily worn in pursuit of sporting activities, thereby
requiring classification as children's playwear or activewear.
The photographs submitted with your request do not constitute
evidence of primary use. In HRL 088108 (February 22, 1991), we
ruled that similar merchandise, children's snow suits, were not
classifiable as ski suits because primary use of such garments,
by children, is as recreational wear in winter. We also stated
that in such cases, actual use will not dictate a classification
controlled by principal use.
Heading 6202, which provides for girls' jackets, and heading
6204, which provides for girls' trousers, are therefore
applicable to this merchandise for purposes of classification.
HOLDING:
For the reasons stated above, the jacket portion of this
merchandise is classified under subheading 6202.93.5020, HTSUSA,
which provides for women's or girls' overcoats, carcoats, capes,
cloaks, anoraks (including ski-jackets), windbreakers and similar
articles (including 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, girls',
textile category 635, dutiable at the rate of 29.5 percent ad
valorem.
The trousers are classified under subheading 6204.63.3530,
HTSUSA, which provides for 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:
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of synthetic fibers: other: other: other: other: other, trousers
and breeches: girls', other, textile category 648, and dutiable
at the rate of 30.4 percent ad valorem.
Due to the changeable nature of the statistical annotation
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.
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 issuance
of the U.S. Customs Service, which is available for inspection at
your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 088922, retrieved 2026-10-12T05:21:20Z, republished verbatim. This digest is informational; only CBP issues binding rulings.