Request for Reconsideration of DD 888389, dated August 6,1993; Classification of men's lower and upper body garments;Heading 6211; Heading 6201; Heading 6203; U.S. Additional Note 2,Chapter 62, HTSUSA; water resistant
Active· CBP ruling HQ 955634· Issued 1994-07-05
Ruling text
HQ 955634
July 5, 1994
CLA-2 CO:R:C:T 955634 CAB
CATEGORY: Classification
TARIFF NO.: 6201.93.3000; 6203.43.3500
Ms. Mary Jo Muoio
Wolf D. Barth Co. Inc.
90 West Street
New York, NY 10006
RE: Request for Reconsideration of DD 888389, dated August 6,
1993; Classification of men's lower and upper body garments;
Heading 6211; Heading 6201; Heading 6203; U.S. Additional Note 2,
Chapter 62, HTSUSA; water resistant
Dear Ms. Muoio:
This is in response to your request dated November 1, 1993,
for reconsideration of DD 888389, dated August 6, 1993, concerning
the tariff classification of certain men's upper and lower body
garments under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). Your request is on behalf of Crystal Brands
Men's Sportswear. A sample was submitted for examination.
Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625),
as amended by section 623 of Title VI (Customs Modernization) of
the North American Free Trade Agreement Implementation Act, Pub. L.
103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625),
notice of the proposed modification of DD 888389 was published May
25, 1994, in the Customs Bulletin, Volume 28, Number 21.
FACTS:
The merchandise at issue is described as Style 91310. Style
91310 is comprised of a man's jacket and pants which are
constructed of a 100 percent woven nylon shell fabric. The jacket
contains a mesh lining, a full frontal opening with zipper closure,
rib knit cuffs and waistband, and side slash pockets. The trousers
feature an elasticized waistband with drawcord, side slash pockets,
two back pockets with zipper closures, and elasticized ankles with
zipper closures. The trousers also contain a mesh lining in the
top half and a polyester lining in the bottom portion of the leg
area.
DD 888389 classified the subject garments as a track suit
under Heading 6211, HTSUSA. You now request that the subject
garments be classified as water resistant separates due to a
polyurethane coating added to the shell of the garments which
renders them water resistant.
ISSUE:
Whether the garments in question are classifiable as a track
suit under Heading 6211, HTSUSA, or whether they are classifiable
as water resistant separates under the appropriate headings in
Chapter 62, HTSUSA?
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.
Heading 6211, HTSUSA, is the provision for woven 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, 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.
The instant garments contain the general characteristics of a
track suit. The attributes include the elasticized waistband,
cuffs, and ankles, a lightweight lining that breathes and wicks
away moisture, and shell fabric which is commonly used in the
construction of track suits.
In your submission you state that the polyurethane coating
applied to the exterior of the garments renders them water
resistant for tariff purposes. You also submit a test report from
a private testing laboratory confirming that the garments are 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.
The garments have the general appearance and characteristics
of a track suit provided for under Heading 6211, HTSUSA. However,
according to you the garments meet the water resistant test for
separates provided at the subheading level of Chapter 62, HTSUSA.
In addition to having the characteristics of a track suit as
described in the EN, to be properly classifiable as a track suit,
garments must also be suitable for use during sporting activities.
In this case, the extensive coating added to the garments' surface
will not allow them to breathe and wick away moisture during
sporting activities. Customs has consistently stated that a
minimum prerequisite for garments suitable for wear during
participation in sporting activities is that they be capable of
breathing and wicking away perspiration. As the instant garments
do not meet this minimum requirement, they are not classifiable as
a track suit under Heading 6211, HTSUSA.
Since the jacket and pants do not meet the minimum requirement
for classification as a track suit, the only other alternative is
to classify them as separates in Chapter 62, HTSUSA. The jackets
are properly classifiable under Heading 6201, HTSUSA, which
provides for men's or boys' windbreakers and similar articles.
The pants are properly classifiable under Heading 6203, HTSUSA,
which provides for men's or boys' trousers. As the garments have
a polyurethane coating added to their exterior that is said to be
in accordance with Additional U.S. Note 2, Chapter 62, HTSUSA, they
are classifiable under the applicable water resistant subheading.
HOLDING:
Based on the foregoing, provided the jacket passes the water
resistance test of Additional U.S. Note 2, Chapter 62, HTSUSA, it
is classifiable in subheading 6201.93.3000, HTSUSA, which provides
for men's water resistant windbreakers and similar articles of man-
made fibers. The applicable rate of duty is 7.6 percent ad valorem
and the textile restraint category is 634.
Provided the trousers pass the water resistance test, they are
classifiable in subheading 6203.43.3500, HTSUSA, which provides for
men's water resistant trousers of man-made fibers. The rate of
duty is 7.6 percent ad valorem and the textile restraint category
is 647.
This ruling is a modification of DD 888389 under 19 CFR
177.9(d)(1).
In accordance with section 625, this ruling will become
effective 60 days after its publication in the Customs Bulletin.
Publication of rulings or decisions pursuant to section 625 does
not constitute a change of practice or position in accordance with
section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).
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
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 955634, retrieved 2026-10-12T05:28:59Z, republished verbatim. This digest is informational; only CBP issues binding rulings.