6

HQ 089034

July 12, 1991

CLA-2 CO:R:C:G 089034

CATEGORY: Classification

TARIFF NO.: 6211.33.0007; 6211.43.0007

District Director of Customs

909 First Avenue, Room 2039

Seattle, Washington 98174

RE: Decision on Application for Further Review of Protest 3001-

90-101383; Heading 6211; Padded Coveralls; Snowsuit

Dear Sir:

This protest was filed against your decision in the

liquidation of certain entries covering boys\' and girls\' padded

polyfill outerwear imported from Bangladesh. No samples were

submitted with this protest. A pre-classification letter, PC

850541 of March 21, 1990, was issued for this merchandise.

FACTS:

Styles 6206-02, 6236-02, 6276-02, 6204-02, 6234-02, 6229-

02, 6259-02, and 6289-02 are boys\' padded polyfill coveralls.

Styles 6220-02, 6240-02, 6211-02, 6251-02, 6281-02, 6209-02,

6249-02, 6279-02 are girls\' padded polyfill coveralls.

The shells and linings are nylon. The fill is polyester.

The boys\' styles were imported in sizes 2-4 T, 4-7 and 8-14. The

girls\' styles were imported in sizes 2-4T, 4-6x and 7-14. The

coveralls which were classified in PC 850541 have a hood and long

sleeves.

ISSUE:

Are these coveralls classified as water resistant ski-suits

or as insulated cold weather coveralls?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in

accordance with the General Rules of Interpretation (GRIs), taken

in order. GRI 1 provides that classification shall be according

to the terms of the headings and any relative section or chapter

notes. GRI 6 applies GRI 1 to the subheadings. The instant

question is not one of headings but of the proper subheading.

Heading 6211, HTSUSA, provides for track suits, ski-suits

and swimwear; other garments. Subheading 6211.20 provides for

ski-suits. Subheadings 6211.33 and 6211.43 provide for other

garments of man-made fibers, depending upon the gender of the

wearer. The question here is which subheading applies to the

instant merchandise.

Chapter Note 6, Chapter 62, HTSUSA, states:

For the purposes of Heading 6211, \"ski-suits,\" means

garments or sets of garments which, by their general

appearance and texture, are identifiable as intended to

be worn prinicipally for skiing (cross-country or

alpine). They consist\...of:

\(a\) A \"ski overall,\" that is, a one piece

garment designed to cover the upper and

lower parts of the body; in addition to

sleeves and a collar the ski overall may

have pockets or footstraps\....

\* \* \*

Subheading 6211.20 is a use provision. Additional U. S.

Rule of Interpretation 1 (a), HTSUSA, states as follows:

1 (a) a tariff classification controlled by use (other

than actual use) is to be determined in

accordance with the use in the United States

at, or immediately prior to, the date of

importation, of goods of that class or kind to

which the imported goods belong, and the

controlling use is the principal use\....

In accordance with this rule, the subheading under which the

instant merchandise is classified will be determined by the

principal use in the United States of merchandise of the same

class or kind.

Customs has consistently held that merchandise of the same

class or kind is neither principally used nor classified as ski

suits but as cold weather wear designed for general outdoor use.

See Customs Headquarters Ruling Letter (HRL) 082285 of February

15, 1990 and HRL 088108 of February 22, 1991. Following the

rationale set forth in these letters, we conclude that the

instant merchandise should also be classified in subheading

6211.33 or 6211.43, depending upon the gender of the wearer.

HOLDING:

For the reasons stated herein, the instant merchandise is

classified as other garments rather than as ski-suits. Styles

6220.02, 6240-02, 6211-02, 6251-02,6281-02, 6209-02, 6249-02 and

6279-02 are classified in subheading 6211.43.0007, HTSUSA.

Styles 6206-02, 6236-02, 6276-02, 6204-02,6234-02, 6229-02, 6259-

02 and 6289-02 are classified in subheading 6211.33.0007.

HTSUSA. Textile category 659 applies to garments classified in

subheadings 6211.33.0007 and 6211.43.007, HTSUSA. (We note that

the current tariff provision reflects a change in the statistical

suffix. At the time of the protest, the tariff provision at

issue was 6211.43.0005 or 6211.33.0005, HTSUSA.)

You should deny the protest in full. A copy of this

decision should be attached to the Form 19, Notice of Action, to

be sent to the protestant.

Sincerely,

John Durant, Director

Commercial Rulings Division