Classification of ladies' plus size track suits;classifiable in Heading 6211
Active· CBP ruling HQ 952210· Issued 1992-10-08
Ruling text
HQ 952210
October 8, 1992
CLA-2 CO:R:C:T CAB
CATEGORY: Classification
TARIFF NO.: 6211.43.0050
Gail T. Cumins, Esq.
Sharrets, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, NY 10004
RE: Classification of ladies' plus size track suits;
classifiable in Heading 6211
Dear Ms. Cumins:
This letter is in response to your inquiry of June 12, 1992,
on behalf of Foreign Resources Corporation, requesting a tariff
classification of ladies' woven warm-up suits under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). Two samples were submitted for examination.
FACTS:
The size 18 samples, referred to as plus-size ladies'
tracksuits, Style Nos. 34551 and 34553, by the importer, consist
of a pair of color coordinated trousers and jackets. Both of the
garments in question are made of a 100% woven nylon fabric. The
jackets contain a full front opening with a metal zipper, a
stand-up collar, front slash pockets, elasticized cuffs and an
elasticized waistband. The pants have elasticized cuffs and an
elasticized waistband which is tightened by a drawstring.
ISSUE:
Whether plus size ladies' garments are classifiable as track
suits under Heading 6211, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the Harmonized Tariff Schedule
of the United States Annotated (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, taken in
order.
Heading 6211, HTSUSA, provides for, inter alia, track suits.
The Explanatory Notes to the Harmonized Commidity 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, which apply mutatis mutandis to
articles classifiable under Heading 6211 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 Headquarters Ruling Letter (HRL) 088569, dated May 31,
1991, Customs determined that only garments which are commonly
and commercially known as "track suits" are classifiable in
Heading 6211, HTSUSA. Customs has consistently ruled that in
order to warrant classification in the track suit category, the
garment must be worn for running, jogging, or related activities.
See HRL 950203 of November 21, 1991; HRL 089770 of August 23,
1991.
In this instance, the garments at issue possess the general
appearance of track suits. The jacket component covers the upper
body, has elasticized cuffs and an elasticized waistband. These
are typical characterstics of track suit upper body garments.
Also, the pant component is loose-fitting, contains elasticized
cuffs and an elasticized waistband. Characterstics such as these
are commonly found in track suit bottoms to enable mobility,
flexiblity, and comfort, while engaging in sports. Morever, the
garments are made from a fabric that is often used in the
construction of track suits.
The fact that the garments are manufactured for large size
women has no bearing on a track suit classification. The
garments have the general appearance of a track suit and will be
used mainly in the pursuit of sporting activities. Thus,
classification in Heading 6211 is warranted. It has been
asserted, however, that the targeted marketing group, women
wearing plus sizes, generally do not use garments principally for
sporting activities. Therefore, additional evidence should be
requested to confirm principal use. However, the merchandise at
issue is of a class or kind, whose principal use is for sporting
endeavors. This is consistent with HRL 952069 of September 11,
1992, where Customs confronted the issue of ladies' plus size
track suits and determined that they were properly classifiable
in Heading 6211, HTSUSA.
Customs has stated that it generally does not distinguish
track suits based on size. However, where the commercial
identity of track-suit type garments is in question, Customs may
require supplemental evidence in determining the class or kind of
merchandise to which the imported goods belong. Finally, the
sample garments are indistinguishable from similar garments
manufactured in smaller sizes that are classified as track suits.
Consequently, the instant garments are classifiable as track
suits.
HOLDING:
The merchandise in question is classiable under subheading
6211.43.0050, HTSUSA, which provides for ladies' track suits.
The applicable rate of duty is 17 percent ad valorem, and the
textile restraint category is 635.
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 internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) 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.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 952210, retrieved 2026-10-12T05:26:55Z, republished verbatim. This digest is informational; only CBP issues binding rulings.