Classification of women's upper and lower body garments;track suit; piping; oversized pockets; shoulder pads; separates;Additional U.S. Note 2, Chapter 62, HTSUSA; Heading 6202; Heading6204
Active· CBP ruling HQ 953006· Issued 1993-07-21
Ruling text
HQ 953006
July 21, 1993
CLA-2 CO:R:C:T 953006 CAB
CATEGORY: Classification
TARIFF NO. 6202.93.4500; 6204.63.3000
Ms. Lorraine M. Dugan
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018
RE: Classification of women's upper and lower body garments;
track suit; piping; oversized pockets; shoulder pads; separates;
Additional U.S. Note 2, Chapter 62, HTSUSA; Heading 6202; Heading
6204
Dear Ms. Dugan:
This ruling is in response to your inquiry of October 7,
1992, requesting a tariff classification under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). Samples
were submitted for examination.
FACTS:
The merchandise in question, Style W1264, is a women's
matching pants and jacket. The jacket contains a stand-up collar
with a zipper closure, shoulder pads, elasticized sleeve cuffs
and waistband, and piping is attached to the front, back, collar,
and sleeves. The jacket also has two oversized front pockets
with an unsecured large opening located at the top of the
garment. The pants have elasticized ankle cuffs and waistband,
side seam pockets, and a drawcord means of closure.
Style W1264 was the subject of New York Ruling Letter (NYRL)
875520 of August 31, 1992. In that ruling, Customs classified
the subject jacket under subheading 6202.93.5010, HTSUSA, which
is the provision for women's anoraks, windbreakers and similar
articles. The pants at issue were classified under subheading
6204.63.3510, HTSUSA, which is the provision for women's trousers
and breeches.
The importer has since altered Style W1264 by adding a
coating to the shell of the garments. The importer requests that
the garments be classified under the water resistant subheadings
of Chapter 62, HTSUSA. The importer has submitted a test report
from an independent testing facility confirming that the garments
meet the water resistant requirements of Additional U.S. Note 2,
Chapter 62, HTSUSA.
ISSUE:
What is the proper tariff classification for the merchandise
in question?
LAW AND ANALYSIS:
Classification of goods under the 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. Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's, taken in order.
The merchandise in question is potentially classifiable
under Heading 6211, HTSUSA, as a track suit, or as water
resistant separates in Chapter 62, HTSUSA.
The Explanatory Notes to the Harmonized Commodity
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, 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.
As a result of the fashion trend which has developed in
recent years to wear garments which are designed and intended for
use in sporting activities, as leisurewear garments, Customs has
had the formidable task of determining the proper tariff
classification for these garments. In prior instances, where
Customs had a question as to the principle use of a track suit
type garment, Customs required additional evidence to
substantiate the claim that the garments would be utilized
"exclusively or mainly" for sporting endeavors. Customs is now
of the opinion that requesting evidence of use for track suit
type garments is not the most effective approach in classifying
such garments. Customs reached this conclusion after realizing
that identical garments could be classified in different headings
based on the quality of evidence an importer submitted to
substantiate his tariff classification claim. After further
review, it is now our position that as long as Customs can
conclude that because of construction and design, such garments
fit into a class or kind of goods which are intended to be used
exclusively or mainly for athletic activities, the garments will
be classified under Heading 6211, HTSUSA, as track suits.
Recently, garments that have the basic construction of track
suits described in the EN have been designed with various types
of fashionable additions. In this instance, the merchandise in
question has been outfitted with shoulder pads, piping, and
oversized front pockets. Customs is cognizant of the fact that
garments constructed for use during sports have currently become
more stylish while still being suitable for wear during sports.
Therefore, when faced with the classification of garments that
have the general appearance of a track suit in addition to
fashionable embellishments, Customs will examine the garments and
determine whether the additional embellishments render them
unsuitable for use during sporting activities. When determining
suitability for use during sporting activities, Customs will
assess the comfort and durability of the subject garments.
The subject garments are comprised of features which are
traditionally unrelated to use in sports. However, the garments
contain the general characteristics of a track suit. These
characteristics include the elasticized waistband and cuffs, a
drawcord means of closure, shell fabric which is commonly used in
the construction of track suits, and the jacket component has a
zippered closure that is capable of total torso coverage.
Although the garments in question generally meet the
criteria of a track suit, Customs must determine whether the
embellishments render the garments unsuitable for use during
sporting activities. While the shoulder pads do not contribute
to the usefulness of the garments during sporting activities,
they do not inhibit the wearer during such activities. Also,
Customs has assessed the use of shoulder pads in garments
constructed for sporting activities in prior cases, and
determined that shoulder pads, by themselves, do not prevent
classification of such garments as track suits. See Headquarters
Ruling Letter (HRL) 950378, dated April 22, 1993; HRL 087966,
dated January 30, 1991.
The jackets contain piping on the exterior surface as well
as oversized pockets. The piping in no way hampers the wearer's
comfort during rigorous movement. The wearer is still able to
participate in running and jogging activities. Customs
encountered a similar issue in HRL 950378. The merchandise at
issue in HRL 950378 were garments constructed and intended for
use during sports. The garments therein had stylish braiding
attached to the garments' exterior. Customs concluded that the
braiding in no way detracted from the subject garments use during
athletic activities and classified them as a track suit under
Heading 6211, HTSUSA. Similarly, the oversized pockets do not
impede the garments usefulness during sporting activities. As
mentioned above, the subject articles are constructed of a woven
nylon shell fabric commonly used in the manufacturing of track
suits. This type of sturdy fabric is capable of the constant,
hard, use commonly associated with running and jogging sporting
activities. The added fashion features do not diminish the
durability of the garments. Therefore, the embellishments do not
render the subject articles unsuitable for use during sporting
activities.
In your submission, you assert that the garments in question
have been coated enough to render them water resistant for tariff
classification purposes. Additional U.S. Note 2, Chapter 62,
HTSUSA, provides, in pertinent part:
[T]he term "water resistant" means that garments
classifiable in those subheadings must have water resistance
(see ASTM designations D 3600-81 and D 3781-79) such that,
under a head pressure of 600 millimeters, not more than 1.0
gram of water penetrates after two minutes when tested in
accordance with AATCC Test Method 35-1985. This water
resistance must be the result of a rubber or plastics
application to the outer shell, lining or inner lining.
When classifying garments such as the articles in question,
Customs realizes that the items are potentially classifiable
under competing provisions. The garments have the general
appearance and characteristics of a track suit, which is
specifically provided for under Heading 6211, HTSUSA. However,
the garments also meet the water resistant test for separates
provided for at the subheading level of Chapter 62, HTSUSA. In
prior rulings when faced with classifying similar garments,
Customs consistently classified the garments under Heading 6211,
HTSUSA. The decision to classify the garments under Heading
6211, HTSUSA, was premised on the fact that the garments were
more specifically provided for under Heading 6211, HTSUSA instead
of Heading 6202, HTSUSA, which provides for women's jackets and
Heading 6204, HTSUSA, which provies for women's trousers. It is
important to note that the instant garments have the general
appearance and construction of a track suit. However, to be
properly classifiable under Heading 6211, HTSUSA, the subject
garments must also be suitable for use during sporting
activities. In this case, the extensive coating added to the
surface of the garments does not allow the garments to breathe
and wick away moisture during sporting activities. Therefore,
the water resistant garments in question are classifiable under
the applicable water resistant subheadings of Chapter 62, HTSUSA.
HOLDING:
Based on the foregoing, the subject jacket is classifiable
under subheading 6202.93.4500, HTSUSA, which is the provision for
women's or girls' water resistant anoraks (including ski-
jackets), windbreakers and similar articles (including padded,
sleeveless jackets). The applicable rate of duty is 7.6 percent
ad valorem and the textile restraint category is 635.
The pants are classifiable under subheading 6204.63.3000,
HTSUSA, which is the provision for women's or girls' water
resistant trousers. The applicable rate of duty is 7.6 percent
ad valorem and the textile restraint category is 648.
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 importing the merchandise to determine the current status of
any import restraints or requirements.
Sincerely,
John Durant, Director
Source: rulings.cbp.gov — ruling 953006, retrieved 2026-10-12T05:27:20Z, republished verbatim. This digest is informational; only CBP issues binding rulings.