Decision on Application for Further Review of Protest No.2704-93-100778; water resistant garments are not track suits;proper classification in heading 6201, HTSUSA and heading 6203,HTSUSA
Active· CBP ruling HQ 954295· Issued 1993-09-17
Ruling text
HQ 954295
September 17, 1993
CLA-2 CO:R:C:T 954295 jb
CATEGORY: Classification
TARIFF NO.: 6201.93.3000; 6203.43.3500
District Director
U.S. Customs Service
300 South Ferry Street
Terminal Island
San Pedro, CA 90731
RE: Decision on Application for Further Review of Protest No.2704-93-100778; water resistant garments are not track suits;
proper classification in heading 6201, HTSUSA and heading 6203,
HTSUSA
Dear Sir:
This is a decision on application for further review of a
protest timely filed on behalf of Shipton Sportswear Co., on
March 3, 1993, against your decision regarding the classification
of jacket and trousers sets. All entries were liquidated on
December 4, 1992 and December 28, 1992. Samples were submitted
to this office for examination.
FACTS:
The merchandise in question consists of two styles of multi-
purpose windsuits, each style comprised of matching jacket and
trousers. Both styles have a shell fabric composed of a woven
100 percent nylon fabric and a lining of jersey knit 65 percent
polyester/35 percent cotton fabric.
Both styles have the following features:
1. the jacket has a zip front, side pockets and elastic
waist
2. the trousers have an elastic waist including draw
string, side pockets, elastic cuffs and zippered
ankle openings.
Other than color/pattern design, the only difference
between the styles is that the collar on one set of jackets, in
addition to the frontal zip-up, also features a threaded draw
string to secure neck coverage.
The garments are described by the importer as "water
resistant"; a fact which was verified by Customs laboratory
testing in Los Angeles.
These garments were classified and liquidated in subheadings
6211.33.0035 and 6211.33.0030, HTSUSA, which provide for track
suits. The importer contends that the garments are neither
designed nor intended to be worn in the pursuit of running or
jogging activity, as would be the utility of track suits, and
that the garments should be classified in subheadings
6201.93.3000 and 6203.43.3500, HTSUSA, which provide for water
resistant separates.
ISSUE:
Whether the garments in question are properly classified as
track suits in heading 6211, HTSUSA, or whether they are
classifiable as water resistant separates in the appropriate
headings in chapter 62, HTSUSA?
FACTS AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 requires that classification be determined
according to the terms of the headings and any relative section
or chapter notes, taken in order. Where goods cannot be
classified solely on the basis of GRI 1, the remaining GRI will
be applied, in the order of their appearance.
Heading 6211, HTSUSA, provides for track suits. 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.
These garments, 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. The EN further
state that the trouser component of the track suit cannot contain
an opening at the waist (i.e., no buttons or other fastening
system).
Customs is cognizant of the fact that recent trends have
produced garments that have the basic construction of track
suits, as described by the EN, but also feature various types of
fashionable additions. Customs has thus taken the position that
whether the garments are precluded from a track suit
classification will depend on individual examinations of the
garments and a determination as to whether the embellishments
render then unsuitable for use during sporting activities.
The instant garments exhibit the general characteristics of
track suits, i.e., in general, a shell fabric commonly used in
the construction of track suits, and specifically, on the
trousers, elasticized waistband and cuffs and drawstring closure,
and on the jackets, a zippered closure capable of total torso
coverage. In all, the track suits do not feature any
embellishments traditionally unrelated to sports.
As was verified by the Los Angeles Customs laboratory, the
subject garments are water resistant. Additional U.S. Note 2, to
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.
In classifying these garments there are thus two competing
provisions. The garments have the general appearance and
characteristics of track suits, as specifically provided for in
heading 6211, HTSUSA, however, the garments also meet the water
resistant test for separates, as provided for in the subheading
level of chapter 62, HTSUSA.
In the past Customs has discerned between these two
provisions by determining which of the two competing provisions
most specifically provides for the garment (See, HQ 953006, dated
July 21, 1993 and HQ 954214, dated September 2, 1993). In the
instant case, as in the above mentioned rulings, it is important
to note that even when the garments have the general appearance
and characteristics of track suits, they must also be suitable
for use during sporting activities. The coating added to the
surface of the garments does not allow the garments to breathe
and wick away moisture during sporting activities. This renders
the garments unsuitable, as by definition, as track suits.
Accordingly, the water resistant garments in question are
classifiable in the appropriate headings as separates in chapter
62, HTSUSA.
HOLDING:
Based on the foregoing, the subject men's jackets and
trousers were improperly classified in heading 6211, HTSUSA. The
proper classification for the jacket is subheading 6201.93.3000,
HTSUSA, which provides for men's water resistant windbreakers and
similar articles, of synthetic fibers. The applicable rate of
duty is 7.6 percent ad valorem and the textile quota category is
634. The trousers are classifiable in subheading 6203.43.3500,
HTSUSA, which provides for men's water resistant trousers, of
synthetic fibers. The applicable rate of duty is 7.6 percent
ad valorem and the textile quota category is 647.
The protest should be granted in full and a copy of this
ruling should be appended to the Form 19 Notice of Action and
furnished to the Protestant.
Sincerely,
John Durant, Director
Source: rulings.cbp.gov — ruling 954295, retrieved 2026-10-12T05:28:01Z, republished verbatim. This digest is informational; only CBP issues binding rulings.