Decision on Application for Further Review of Protest 3001- 90-101383; Heading 6211; Padded Coveralls; Snowsuit
Active· CBP ruling HQ 089034· Issued 1991-07-12
Ruling text
6
HQ 089034
July 12, 1991
CLA-2 CO:R:C:G 089034
CATEGORY: Classification
TARIFF NO.: 6211.33.0007; 6211.43.0007
District Director of Customs
909 First Avenue, Room 2039
Seattle, Washington 98174
RE: Decision on Application for Further Review of Protest 3001-
90-101383; Heading 6211; Padded Coveralls; Snowsuit
Dear Sir:
This protest was filed against your decision in the
liquidation of certain entries covering boys' and girls' padded
polyfill outerwear imported from Bangladesh. No samples were
submitted with this protest. A pre-classification letter, PC
850541 of March 21, 1990, was issued for this merchandise.
FACTS:
Styles 6206-02, 6236-02, 6276-02, 6204-02, 6234-02, 6229-
02, 6259-02, and 6289-02 are boys' padded polyfill coveralls.
Styles 6220-02, 6240-02, 6211-02, 6251-02, 6281-02, 6209-02,
6249-02, 6279-02 are girls' padded polyfill coveralls.
The shells and linings are nylon. The fill is polyester.
The boys' styles were imported in sizes 2-4 T, 4-7 and 8-14. The
girls' styles were imported in sizes 2-4T, 4-6x and 7-14. The
coveralls which were classified in PC 850541 have a hood and long
sleeves.
ISSUE:
Are these coveralls classified as water resistant ski-suits
or as insulated cold weather coveralls?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order. GRI 1 provides that classification shall be according
to the terms of the headings and any relative section or chapter
notes. GRI 6 applies GRI 1 to the subheadings. The instant
question is not one of headings but of the proper subheading.
Heading 6211, HTSUSA, provides for track suits, ski-suits
and swimwear; other garments. Subheading 6211.20 provides for
ski-suits. Subheadings 6211.33 and 6211.43 provide for other
garments of man-made fibers, depending upon the gender of the
wearer. The question here is which subheading applies to the
instant merchandise.
Chapter Note 6, Chapter 62, HTSUSA, states:
For the purposes of Heading 6211, "ski-suits," means
garments or sets of garments which, by their general
appearance and texture, are identifiable as intended to
be worn prinicipally for skiing (cross-country or
alpine). They consist...of:
(a) A "ski overall," that is, a one piece
garment designed to cover the upper and
lower parts of the body; in addition to
sleeves and a collar the ski overall may
have pockets or footstraps....
* * *
Subheading 6211.20 is a use provision. Additional U. S.
Rule of Interpretation 1 (a), HTSUSA, states as follows:
1 (a) a tariff classification controlled by use (other
than actual use) is to be determined in
accordance with the use in the United States
at, or immediately prior to, the date of
importation, of goods of that class or kind to
which the imported goods belong, and the
controlling use is the principal use....
In accordance with this rule, the subheading under which the
instant merchandise is classified will be determined by the
principal use in the United States of merchandise of the same
class or kind.
Customs has consistently held that merchandise of the same
class or kind is neither principally used nor classified as ski
suits but as cold weather wear designed for general outdoor use.
See Customs Headquarters Ruling Letter (HRL) 082285 of February
15, 1990 and HRL 088108 of February 22, 1991. Following the
rationale set forth in these letters, we conclude that the
instant merchandise should also be classified in subheading
6211.33 or 6211.43, depending upon the gender of the wearer.
HOLDING:
For the reasons stated herein, the instant merchandise is
classified as other garments rather than as ski-suits. Styles
6220.02, 6240-02, 6211-02, 6251-02,6281-02, 6209-02, 6249-02 and
6279-02 are classified in subheading 6211.43.0007, HTSUSA.
Styles 6206-02, 6236-02, 6276-02, 6204-02,6234-02, 6229-02, 6259-
02 and 6289-02 are classified in subheading 6211.33.0007.
HTSUSA. Textile category 659 applies to garments classified in
subheadings 6211.33.0007 and 6211.43.007, HTSUSA. (We note that
the current tariff provision reflects a change in the statistical
suffix. At the time of the protest, the tariff provision at
issue was 6211.43.0005 or 6211.33.0005, HTSUSA.)
You should deny the protest in full. A copy of this
decision should be attached to the Form 19, Notice of Action, to
be sent to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 089034, retrieved 2026-10-12T05:21:29Z, republished verbatim. This digest is informational; only CBP issues binding rulings.