Further Review of Protest 3001-91-100231. Ski suit; snowsuit; principal; use; actual; coverall; overall; insulated;children
Active· CBP ruling HQ 089421· Issued 1991-09-24
Ruling text
HQ 089421
September 24, 1991
CLA-2 CO:R:C:T 089421 HP
CATEGORY: Classification
TARIFF NO.: 6211.33.0007
Mr. Daniel C. Holland
District Director
U.S. Customs Service
909 First Avenue, Room 2039
Seattle, WA 98174
RE: Further Review of Protest 3001-91-100231. Ski suit; snow
suit; principal; use; actual; coverall; overall; insulated;
children
Dear Mr. Holland:
This is in reply to your Memorandum forwarding documentation
for a further review of Protest Number 3001-91-100231, dated 3-
3-91. This Protest was submitted by Gladish & Associates, on
behalf of xxxxxxxxxxxx. Please reference your file PRO-4:SE:C:E
LB.
FACTS:
The merchandise at issue consists of two styles of boys'
coveralls, styles RW-T2PC and RW-T3PC. The shells and lining are
nylon. The fill is polyester. Each garment has a woven collar,
long sleeves, a front zipper opening, and a fully elasticized
waistband and sleeve cuffs. Style RW-T2PC has a detachable hood.
Both styles are imported in boys' sizes S, M and L. The importer
contends these garments are water-resistant ski-suits.
ISSUE:
Whether the instant garments are considered ski-suits under
the HTSUSA?
LAW AND ANALYSIS:
Subheading 6211.20, HTSUSA, provides for ski-suits. Note 6
to 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
principally 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. 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 single use in the United
States. Additional U.S. Rule of Interpretation 1(a), HTSUSA.
In HRL 088108 of February 22, 1991, we classified
substantially similar merchandise, stating:
Both Protestant and the Import
Specialist have submitted voluminous
materials purporting to demonstrate the use
toward which this merchandise is put. Adver-
tisements from catalogs such as J.C. Penney,
Sears, and Gorsuch Ltd., Vail (a major ski
apparel retailer), depict garments
essentially identical to the garments at
issue as either snow-suits or ski-suits. * *
* It would seem, therefore, that this
documentation alone is insufficient to
determine the principal use of these
garments.
In HRL 082285 DRR of February 15, 1990,
we stated that similar merchandise was not
classifiable as ski-suits, since "[t]he
construction of the garment does not support
a finding that it is intended to be worn
principally for skiing." Although no
rationale was given to support this
conclusion, it was nonetheless correct.
Irrespective of advertising, the use of this
class or kind of merchandise, by children,
which exceeds any other use in the United
States, is as recreational wear in Winter
(i.e., romping in the snow, sledding, etc.).
While it may be true that the particular
garments imported by the Protestant are sold
as ski-suits, the actual use of certain
shipments of merchandise will not dictate a
classification controlled by principal use.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 6211.33.0007, HTSUSA, textile
category 659, as track suits, ski-suits and swimwear; other
garments, other garments, men's or boys', of man-made fibers,
coveralls, jumpsuits and similar apparel, other, insulated for
cold weather protection. The applicable rate of duty is 17
percent ad valorem. Since the rate of duty under the
classification listed above is the same as the liquidated rate,
you are instructed to deny the protest in full. A copy of this
decision should be attached to the Form 19 Notice of Action.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 089421, retrieved 2026-10-12T05:21:44Z, republished verbatim. This digest is informational; only CBP issues binding rulings.