HQ 955518: Request for Further Review of Protest No. 1001-92-106901,dated November 12, 1992, concerning the classification of women'supper and lower body garments

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 955518

                          April 4, 1994

CLA-2  CO:R:C:T 955518 CAB

CATEGORY:  Classification

TARIFF NO.:  6202.93.5011; 6204.63.3510

Regional Commissioner of Customs
c/o Protest and Control Section
6 World Trade Center
Room 762
New York, NY 10048-0945

RE:  Request for Further Review of Protest No. 1001-92-106901,
dated November 12, 1992, concerning the classification of women's
upper and lower body garments

Dear Sir:

     This is a decision on application for further review of a
protest timely filed by Joseph R. Schmidt, on behalf of G.F.I.
Holding, against your decision concerning the classification of 
women's matching upper and lower body garments under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  A sample
was submitted for examination.

FACTS:

     The jackets and pants at issue are constructed of 100 percent
nylon shell fabric with a 65 percent polyester/35 percent cotton
lining, and a heavy all over quilted insulating batting.  The shell
fabric has a satin weave.  Generally satin weaves are characterized
by long floats which, in addition to providing a lustrous
appearance, allow for a much denser weave than a plain weave.  A
satin weave is much heavier in weight than a plain weave.  The
jacket contains elasticized sleeves and waistband, a full frontal
opening with a zippered means of closure, side seam pockets with
zippers, and a quilted exterior pattern.  The pants contain an
elasticized waistband, side seam pockets, and elasticized cuffs
with vertical zippers.  

     This protest concerns entries of the subject pants and jackets
that were liquidated by your port.  The pants were liquidated under
subheading 6204.63.3510, HTSUSA, which provides for women's
trousers.  The jackets were liquidated under subheading
6202.93.5010, HTSUSA, which provides for women's windbreakers and
similar articles.  The protestant claims that the garments are
classifiable as track suits and entered the pants under subheading
6211.43.0040, HTSUSA, and the jackets under subheading
6211.43.0050, HTSUSA.

ISSUE:

     Whether the subject merchandise is classifiable as a track
suit under Heading 6211, 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.  

     In order to be properly classifiable under Heading 6211,
HTSUSA, as a track suit, Customs must conclude that based on
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.  There are various characteristics present in
the subject garments that would indicate that they are track suits
for tariff classification purposes.  These characteristics include
the elasticized waistband, cuffs, and sleeves, the full frontal
opening in the jacket, and the loose-fit which allows the wearer to
have more freedom and mobility while engaging in sporting
activities.  However, the garments also contain features that are
not common in garments intended and worn during sporting
activities.  These features include the heavy insulated batting and
the satin weave shell fabric.  A satin weave fabric is not commonly
utilized to manufacture garments intended to be worn during
sporting activities.  This satin weave is much heavier in weight
than a plain weave, thus the garments are too heavy to be
comfortably worn while engaging in sports.  Generally, a satin
weave fabric, especially the subject fabric, is not associated with
durability as there is the risk of snagging the filament yarns that
make up the long float.  As the instant garments do not have the
general appearance of a track suit, nor do they meet the minimum
requirements for classification as a track suit, the only other
alternative is to classify them as separates in Chapter 62, HTSUSA.







HOLDING:

     Based on the foregoing, the pants are classifiable in
subheading 6204.63.3510, HTSUSA, which provides for women's
trousers.  The applicable rate of duty is 30.4 percent ad valorem
and the textile restraint category is 648.  The jackets are
classifiable in subheading 6202.93.5011, HTSUSA, which provides for
women's windbreakers and similar articles.  The applicable rate of
duty is 29.5 percent ad valorem and the textile restraint category
is 635.

     The protest should be denied.  A copy of this decision should
be attached to the Customs Form 19 and provided to the protestant
as part of the notice of action.

     In accordance with Section 3(A)(11)(b) of Customs Directive
099 3550-065, dated August 4, 1993, Subject:  Revised Protest
Directive, this decision should be mailed by your office to the
protestant no later than 60 days from the date of this letter.  Any
reliquidation of the entry in accordance with the decision must be
accomplished prior to mailing of the decision.  Sixty days from the
date of the decision the Office of Regulations and Rulings will
take steps to make the decision available to Customs personnel via
the Customs Rulings Module in ACS and the public via the Diskette
Subscription Service, Lexis, Freedom of Information Act and other
public access channels.  

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division