Modification of DD 887738 of July 29, 1993; track suit vs.water resistant separates; Heading 6211; Heading 6203; Heading 6201
Active· CBP ruling HQ 955783· Issued 1994-07-05
Ruling text
HQ 955783
July 5, 1994
CLA-2 CO:R:C:T 955783
CATEGORY: Classification
TARIFF NO.: 6203.43.3500; 6201.93.3000
Mary Jo Muoio
Wolf D. Barth Company, Inc.
90 West Street
New York, NY 10006
RE: Modification of DD 887738 of July 29, 1993; track suit vs.
water resistant separates; Heading 6211; Heading 6203; Heading 6201
Dear Ms. Muoio:
This is in response to your inquiry of November 1, 1993, on
behalf of Crystal Brands Men's Sportswear, requesting
reconsideration of DD 887738, under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA), concerning certain men's
upper and lower body garments. 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 887738 was published May
25, 1994, in the Customs Bulletin, Volume 28, Number 21.
FACTS:
The sample submitted, Style 87304, is comprised of a man's
jacket and pair of trousers which are constructed of 100 percent
nylon fabric and lined with a mesh fabric. The jacket features a
full frontal opening with a zipper means of closure, a stand-up
collar, long sleeves with ribbed knit cuffs, ribbed knit bottom,
and side seam pockets. The trousers contain an elasticized
waistband with a drawstring, side seam pockets, a rear pocket, and
ribbed knit ankle cuffs.
In the initial inquiry, you stated that the shell fabric used
to make the subject garments would be coated with 500mm of
polyurethane which would render the garments water resistant for
tariff classification purposes. You also attached a copy of a
laboratory report which indicated that the garments were water
resistant in accordance with the water resistant provision of
Additional U.S. Note 2, Chapter 62, HTSUSA. As a result of the
added coating to the garments, you assert that they are properly
classifiable as water resistant separates in Chapter 62, HTSUSA.
In DD 887738, the District Director of Customs classified the
garments as track suits provided for under Heading 6211, HTSUSA.
ISSUE:
Whether the subject garments were properly classified as a
track suit under Heading 6211, HTSUSA, in DD 887738, 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 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. These attributes include the elasticized waistband and
ribbed knit cuffs, a drawstring waist, a lightweight mesh lining
that breathes and wicks away moisture, and shell fabric which is
commonly used in the construction of track suits.
Despite the garments' characteristics that would suggest
classification as a track suit, you state that the garments are
properly classifiable as water resistant separates due to the 500
mm of polyurethane coating applied to the exterior of the garments.
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.
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 jackets and trousers do not meet the minimum
requirements for classification as a track suit, the only
alternative is to classify them as separates in Chapter 62, HTSUSA.
The jackets are classifiable under Heading 6201, HTSUSA, which
provides for men's or boys' windbreakers and similar articles. The
trousers are classifiable under Heading 6203, HTSUSA, which
provides for men's or boys' trousers. If the polyurethane coating
applied to the surface of the garments meets the requirements of
Additional U.S. Note 2, Chapter 62, HTSUSA, they will be
classifiable as water resistant separates in Chapter 62, HTSUSA.
HOLDING:
Provided the jackets meet the requirements for water
resistance in accordance with Additional U.S. 2, Chapter 62,
HTSUSA, then the applicable subheading is 6201.93.3000, HTSUSA,
which provides for other men's water resistant anoraks,
windbreakers and similar articles of man-made fibers. The rate of
duty is 7.6 percent ad valorem and the textile restraint category
is 634. Provided the trousers meet the water resistance test, then
the applicable subheading is 6203.43.3500, HTSUSA, which provides
for other men's water resistant trousers of man-made fibers. The
duty rate is 7.6 percent ad valorem and the textile restraint
category is 647.
This notice to you should be considered a modification of DD
887738 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 955783, retrieved 2026-10-12T05:29:09Z, republished verbatim. This digest is informational; only CBP issues binding rulings.