HQ 087511

January 14, 1991

CLA-2 CO:R:C:G 087511 HP

CATEGORY: Classification

TARIFF NO.: 6211.33.0030; 6211.33.0035; 6211.43.0040;

6211.43.0050

Mr. William J. Maloney

Rode & Qualey

Attorneys at Law

295 Madison Avenue

New York, NY 10017

RE: HRL 084736 revoked. Track suits with a woven outer shell

and an inner lining capable of imparting ability to breathe and

wick away perspiration are track suits.

Dear Mr. Maloney:

This is in reply to your letter of July 10, 1990,

concerning the tariff classification of woven lined track suits,

produced in either Malaysia, China, or Hong Kong, under the

Harmonized Tariff Schedule of the United States Annotated

(HTSUSA). Please reference your clients Odyssey International

Ltd. and Odyssey USA Inc.

FACTS:

The merchandise at issue consists of three samples of track

suits: DB-238WMP (women\'s), BC-345WMP (men\'s), and BC366WMP

(men\'s). Each of the track suits consists of two coordinated

pieces: a jacket which covers the upper part of the body and

trousers to cover the lower part of the body. The outer shell of

each garment is 100% woven nylon. The body lining of the jacket,

and the upper lining of the trousers, is 65% polyester / 35%

cotton lightweight jersey knit fabric. The sleeve lining in the

jacket, and the lower lining of the trousers, is of 100% woven

nylon fabric.

Each jacket has a full front zippered opening, long sleeves

with elasticized cuffs, a stand-up collar, and partly elasticized

waist. Each pair of trousers has an elasticized waist with

drawstring, and features an 8 inch zipper on the outside seam of

the bottom of each leg. The two men\'s styles have a zippered

rear pocket.

You state that

\[t\]he outer shell material of these garments

provides significant wind and water

resistance; this wind and water resistance is

imparted by the tight weave of the fabric

rather than by an application of plastics.

\* \* \*

The track suits are designed to be worn by

person\'s \[sic.\] engaged in various sporting

or exercise activities and are sold and used

accordingly.

ISSUE:

Whether the presence of an inner lining precludes

classification of the instant merchandise as track suits under

heading 6211, HTSUSA?

LAW AND ANALYSIS:

Heading 6211, HTSUSA, provides for, inter alia, woven track

suits. In HRL 084736 of June 13, 1989, we stated that

Explanatory Note 62.11 states that

the \"provisions of the

Explanatory Note to heading 61.12

concerning track suits \[apply\], \...

mutatis mutandis, to the terms of

this heading.\" Explanatory Note

61.12 provides, in pertinent part:

\(A\) Track suits, i.e.,

knitted articles

consisting of two

pieces, not lined but

sometimes with a raised

inner surface (nap)

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.

\[Emphasis in HRL 084736.\]

As a result, classification of \[lined track suits\]

under Heading 6211, HTSUSA, is incorrect.

The Explanatory Notes (EN) to the HTSUSA constitute the

official interpretation of the tariff at the international level.

While not legally binding, they do represent the considered views

of classification experts of the Harmonized System Committee. In

the absence of clear and unambiguous statutory language to the

contrary, it has been the practice of the Customs Service to

follow, whenever possible, the terms of the Explanatory Notes

when interpreting the HTSUSA. Nevertheless, it has been

suggested that our extension to and application of heading 6112\'s

Explanatory Note to heading 6212 was flawed. We agree.

As we stated above, the \"provisions of the Explanatory Note

to heading 61.12 \[(knitted or crocheted)\] concerning track suits

\[apply\], \... mutatis mutandis, to the to the terms of this

heading \[(woven)\].\" Mutatis mutandis is defined by Black\'s Law

Dictionary (West 1979), as \"\[w\]ith the necessary changes in

points of detail, meaning that matters or things are generally

the same, but to be altered when necessary\....\" The Compact

Edition of the Oxford English Dictionary (Oxford 1987) continues

with \"\[t\]hings being changed that have to be changed, i.e. with

the necessary changes\....\"

In applying the \"knitted\" EN to the \"woven\" heading, we

failed to take into account several physical differences between

the two construction types. A knit construction in the outer

shell of track suits is desirable because of the fabric\'s ability

to both \"breathe\" and to wick away perspiration. An inner liner

of any material would not augment these characteristics

significantly, and would likely create an atmosphere of

undesirable warmth for the athletic wearer.

Contrarily, woven outer shells of track suits do not solely

impart the aforementioned characteristics. It is our opinion

that \"necessary changes in points of detail,\" from knitted track

suits to woven, allow the presence of a liner with the ability to

both breathe and to wick away perspiration. Track suits with a

woven outer shell and an inner lining capable of imparting the

characteristics enumerated above are therefore classifiable in

heading 6211, HTSUSA, as track suits. HRL 084736 of June 13,

1989, and any other rulings not in agreement with this opinion,

are hereby revoked.

HOLDING:

As a result of the foregoing, the instant merchandise is

classified as follows:

Styles BC-345WMP & BC-366WMP

Jackets

under subheading 6211.33.0035, HTSUSA, textile

category 634, as track suits, ski-suits and

swimwear; other garments, other garments, men\'s

or boys\', of man-made fibers, track suits, other.

The applicable rate of duty is 17 percent ad

valorem.

Trousers

under subheading 6211.33.0030, HTSUSA, textile

category 647, as track suits, ski-suits and

swimwear; other garments, other garments, men\'s

or boys\', of man-made fibers, track suits,

trousers. The applicable rate of duty is 17

percent ad valorem.

Style DB-238WMP

Jacket

under subheading 6211.43.0050, HTSUSA, textile

category 635, as track suits, ski-suits and

swimwear; other garments, other garments, women\'s

or girls\', of man-made fibers, track suits,

other. The applicable rate of duty is 17 percent

ad valorem.

Trousers

under subheading 6211.43.0040, HTSUSA, textile

category 648, as track suits, ski-suits and

swimwear; other garments, other garments, women\'s

or girls\', of man-made fibers, track suits,

trousers. The applicable rate of duty is 17

percent ad valorem.

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 negotiations 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 issuance

of the U.S. Customs Service, which is updated weekly and is

available 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, 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