Classification of four styles of women's woven warm-up suits in sizes 38-52; EN to heading 6112, HTSUSA; Additional U.S. Note 1(a); garment must be in class or kind of merchandise whose principle use is in sporting activities involving running or jogging; heading 6211, HTSUSA.
Active· CBP ruling HQ 952069· Issued 1992-09-11
Ruling text
HQ 952069
September 11, 1992
CLA CO:R:C:T 952069 SK
CATEGORY: Classification
TARIFF NO.: 6211.43.0050
William J. Ramia, Jr.
Alexander International
Memphis International Airport
P.O. Box 30209
Memphis, TN 38130
RE: Classification of four styles of women's woven warm-up suits
in sizes 38-52; EN to heading 6112, HTSUSA; Additional U.S.
Note 1(a); garment must be in class or kind of merchandise
whose principle use is in sporting activities involving
running or jogging; heading 6211, HTSUSA.
Dear Mr. Ramia:
This is in response to your inquiry of May 13, 1992,
requesting the tariff classification of ladies' woven warm-up
suits to be imported from Hong Kong. Samples were submitted to
this office for examination and will be returned to you under
separate cover.
FACTS:
Four different styles were submitted for classification.
The samples are all marked size "M". Three of the styles are
virtually identical in construction. Styles 1600, 3652 and 1165
are made with a woven nylon shell fabric and a jersey knit 65%
polyester/35% cotton lining. The jackets have full-front zipper
openings with zip-through collars, side seam pockets and
elasticized cuffs and waists. The pants are all in coordinating
colors with elasticized waistbands and zippers at the ankles.
Style 3650 is elasticized at the waist amd has a peplum. The
garment also has slant besom pockets at the waist and a storm
flap with snaps.
ISSUE:
Whether the warm-up suits are classifiable as track suits
under heading 6211, HTSUSA?
- 2 -
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) is in accordance with the
General Rules of Interpretation (GRI's), taken in order. GRI 1
provides that for legal purposes, classification shall be
determined according to the terms of the headings and according
to any pertinent section or chapter notes.
Heading 6211, HTSUSA, provides for, inter alia, track suits.
In determining whether this heading provides the appropriate
classification for the articles at issue, our initial inquiry is
whether the subject merchandise possesses the general appearance
of track suits and whether the nature of the fabric is
appropriate for use in track suits. The Explanatory Notes (EN)
to heading 6112, HTSUSA, which apply mutatis mutandis to the
articles of heading 6211, HTSUSA, state that track suits are
identifiable by "their general appearance and the nature of the
fabric" and "are clearly meant to be worn exclusively or mainly
in the pursuit of sporting activities." The EN describe a track
suit as:
"A garment meant to cover the upper part of the body
down to or slightly below the waist. It has long sleeves,
with ribbed or elasticized bands, zip fasteners or other
tightening elements at the cuffs... it has a partial or
complete opening at the front, it is generally fastened by
means of a slide fastener (zipper). It may or may not be
fitted with a hood, a collar and pockets.
A second garment (a pair of trousers) which may either be
close or loose fitting, with or without pockets, with an
elasticized waistband, drawstring or other means of
tightening at the waist, with no opening at the waist...
such trousers may be fitted with ribbed or elasticized
bands, slide fasteners (zippers) or other tightening
elements at the bottom of the trouser-legs which generally
go down to ankle level. They may or may not have
footstraps."
All four styles have the general appearance of track suits:
they cover the upper body to the waist, have long sleeves with
elasticized wrists, complete zippered frontal openings and
pockets. The pant components are loose-fitting trousers with
elasticized waistbands and leg openings. These garments are made
from a woven nylon fabric with a lightweight knit lining. The
materials from which they are fabricated are frequently used in
the manufacture of track suits. Based on the physical
characteristics of the subject merchandise, all four styles
- 3 -
exhibit the appearance of track suits and all are constructed of
materials typically used in the manufacture of track suits.
We note that although style 3650 possesses a storm flap and
peplum, these features do not serve to preclude classification of
this style as a track suit. Track suits are currently made in a
wide range of innovative styles and colors that were not
previously found on earlier versions of track suits. The
presence of certain features, such as peplums and storm flaps,
will not necessarily preclude classification of a garment as a
track suit so long as the general appearance of the article still
resembles that of a track suit and so long as these features in
no way interfere with the wearer's ability to engage in sporting
activities.
The EN state that for an article to be classifiable as a
track suit it must be "clearly meant to be worn exclusively or
mainly in the pursuit of sporting activities" [emphasis added].
The terms "exclusively" and "mainly" are contradictory for
purposes of setting a standard for the classification of track
suits; where it is sufficient for an article to be worn "mainly"
in the pursuit of sports, there is no longer any requirement that
such use be exclusive.
Quantifying "mainly" in a practical sense poses some
difficulties. We are asked to determine if the main use of the
articles at issue is for the pursuit of sporting activities.
This office recognizes that garments such as these have several
uses in that they are used as sportswear and they are
increasingly being used as leisurewear. The design of the
subject merchandise is such that they are comfortable,
presentable and now commonly acceptable for use when walking,
relaxing, shopping, etc... . Nevertheless, it is this office's
opinion that the design of these four styles is undeniably
conducive for use in sports: the fit is loose for mobility, the
lining is made from a lightweight fabric which wicks away
perspiration and the body is sufficiently covered so as to
provide warmth when exercising outdoors. Therefore, absent
compelling evidence that these garments are being marketed
primarily as leisurewear, we will not preclude their
classification as track suits. The articles at issue are well-
suited for use in sports and the fact that they may also be used
as leisurewear is not sufficient justification to warrant a
finding that the "main" use of these garments is no longer for
wear in pursuing sporting activity.
These garments will be sold in Catherine's, Inc. stores
which specialize in clothing for larger size women. Although
Catherine's, Inc. is not a sporting goods store, it is
- 4 -
nevertheless a logical place for the purchase of a large size
track suit for women who wear sizes 38-52. In fact, this type of
store may be the only place where women of this size can purchase
any of their clothes, especially sportswear. The fact that these
garments are being sold in a women's clothing store, and not a
sporting good store, is not persuasive evidence that these
garments are not track suits.
In Headquarters Ruling Letter (HRL) 950203, dated November
21, 1991, Customs determined that the governing standard for the
classification of track suits is "principle use" as set forth in
Additional U.S. Note 1(a). In order for garments to be
classifiable under heading 6211, HTSUSA, they must be in the
class or kind of merchandise whose principle use is in sporting
activities involving running or jogging. As mentioned supra, the
articles at issue have all the design features, as well as the
appearance, of track suits. Although they may be used in some
instances as leisurewear, they nevertheless are of the kind of
merchandise whose principle use is in sporting activities such as
running or jogging. This is evidenced by the fact that most
garments which are similar in appearance to the subject
merchandise, and which incorporate the same features and are made
from the same fabric, are the kind of garments principally used
in sporting activities involving running or jogging.
Accordingly, the articles at issue are properly classifiable
under heading 6211, HTSUSA, as track suits.
HOLDING:
Styles 1600, 3652, 1165 and 3650 are classifiable under
subheading 6211.43.0050, HTSUSA, which provides for track suits,
ski-suits and swimwear: other garments, women's or girls': of
man-made fibers... track suits: other..., dutiable at a rate of
17% ad valorem. The textile quota category is 635.
The designated textile and apparel categories may be
subdivided into parts. If so, the 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 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 updated weekly and
is available for inspection at your local Customs office.
- 5 -
Due to the nature of the statistical annotation (the ninth
and tenth digits of the classification) and the restraint
(quota/visa) categories, 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
Source: rulings.cbp.gov — ruling 952069, retrieved 2026-10-12T05:26:51Z, republished verbatim. This digest is informational; only CBP issues binding rulings.