ITC Updates Chapter 62 of Tariff Schedule With New Subheadings for 'Recreational Performance Outerwear'

The changes were mandated by recent customs reauthorization legislation enacted in February (see 1603010043). New tariff categories for recreational performance outerwear were originally created by the Trade Preferences Extension Act of 2015, but were postponed later that year after clerical errors were discovered in the law that would have increased duties on some apparel products (see 1508080003). The trade preferences legislation had specified the wrong duty rates for the new tariff lines (see 1508080003). The customs reauthorization legislation made the required fixes, and duty rates will not change as a result of the addition of the new subheadings.

New Note Defines ‘Recreational Performance Outerwear’

The updated tariff schedule includes new Additional U.S. Note 3 to Chapter 62, which defines “recreational performance outerwear” as follows:

(a) When used in a subheading of this chapter or immediate superior text thereto, the term ‘recreational performance outerwear’ means trousers (including, but not limited to, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls, bib and brace overalls, jackets (including, but not limited to, full zip jackets, ski jackets and ski jackets intended for sale as parts of ski-suits), windbreakers and similar articles (including padded, sleeveless jackets), the foregoing of fabrics of cotton, wool, hemp, bamboo, silk or manmade fibers, or a combination of such fibers; that are either water resistant within the meaning of additional U.S. note 2 to this chapter or treated with plastics, or both; with critically sealed seams, and with 5 or more of the following features (as further provided herein):

• insulated for cold weather protection;
• pockets, at least one of which has a zippered, hook and loop, or other type of closure;
• elastic, draw cord or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and [tightening] around the waist or bottom hem for jackets;
• venting, not including grommet(s);
• articulated elbows or knees;
• reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles or cuffs;
• weatherproof closure at the waist or front;
• multi-adjustable hood or adjustable collar;
• adjustable powder skirt, inner protective skirt or adjustable inner protective cuff at sleeve hem;
• construction at the arm gusset that utilizes fabric, design or patterning to allow radial arm movement; or
• odor control technology

The term 'recreational performance outerwear' does not include occupational outerwear.

(b) For purposes of this note, the following terms have the following meanings:

• the term 'treated with plastics' refers to textile fabrics impregnated, coated, covered or laminated with plastics, as described in note 2 to chapter 59.
• The term 'sealed seams' means seams that have been covered by means of taping, gluing, bonding, cementing, fusing, welding or a similar process so that air and water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35.
• The term 'critically sealed seams' means -- (A) for jackets, windbreakers and similar articles (including padded, sleeveless jackets), sealed seams that are sealed at the front and back yokes, or at the shoulders, arm holes, or both, where applicable; and (B) for trousers, overalls and bib and brace overalls and similar articles, sealed seams that are sealed at the front (up to the zipper or other means of closure) and back rise.
• The term 'insulation for cold weather protection' means insulation that meets a minimum clo value of 1.5 per ASTM F 2732.
• The term 'venting' refers to closable or permanent constructed openings in a garment (excluding front, primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In trousers, such openings are often positions on the inner or outer leg seams of a garment but may also be placed along other seams in the front or back of a garment.
• The term 'articulated elbows or knees' refers to the construction of a sleeve (or pant leg) to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets or other means.
• The term 'reinforcement' refers to the use of a double layer of fabric or section(s) of fabric that is abrasion-resistant or otherwise more durable than the face fabric of the garment.
• The term 'weatherproof closure' means a closure (including, but not limited to, laminated or coated zippers, storm flaps or other weatherproof construction) that has been reinforced or engineered in a manner to reduce the penetration or absorption of moisture or air through an opening in the garment.
• The terms 'adjustable powder skirt' and 'inner protective skirt' refer to a partial lower inner lining with means of tightening around the waist for additional protection from the elements.
• The term 'arm gusset' means construction at the arm of a gusset that utilizes an extra fabric piece in the underarm, usually diamond- or triangular-shaped, designed or patterned to allow radial arm movement.
• The term 'radial arm movement' refers to unrestricted 180-degree range of motion for the arm while wearing performance outerwear.
• The term 'odor control technology' means the incorporation into a fabric or garment of materials, including, but not limited to, activated carbon, silver, copper or any combination thereof, capable of adsorbing, absorbing or reacting with human odors, or effective in reducing the growth of odor-causing bacteria.
• The term 'occupational outerwear' means outerwear garments, including uniforms, of a kind principally used in the work place and specially designed to provide protection from work place hazards such as fire, electrical, abrasion or chemical hazards, or impacts, cuts and punctures.

(c) The importer of goods entered as 'recreational performance outerwear' under a particular subheading of this chapter shall maintain records demonstrating that the entered goods meet the terms of this note, including such information as is necessary to demonstrate the [presence] of the specific features that render the goods eligible for classification as 'recreational performance outerwear'.

Water resistant definition updated. Additional U.S. Note 2 to Chapter 62 defining “water resistant” is modified to reflect the addition of new subheadings for water resistant apparel due to the addition of the “recreational performance outerwear” categories. The note is also changed to reflect the latest editions of standards and test methods.

Changes to Tariff Subheadings in Chapter 62

Changes to the tariff schedule in order to implement the new categories for recreational performance outerwear take the form of the division of each existing subheading into two subheadings for recreational performance outerwear and non-recreational performance outerwear. Generally, 10-digit level statistical suffixes under the amended subheadings are kept the same, as are duty rates. For example, though former subheading 6201.91.20 for wool anoraks, not padded and sleeveless, is divided into new subheadings 6201.91.05 for “recreational performance outerwear” and 6201.91.40 for non-recreational performance outerwear, each continues to be subdivided into 6201.91.XX11 and 6201.91.XX21 for men’s and boys’ jackets, respectively. Changes to the tariff schedule at the eight-digit subheading level are as follows:

Wool anoraks and windbreakers. New subheadings 6201.91.03 (padded, sleeveless) and 6201.91.05 (other) are added for men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of wool or fine animal hair, that are recreational performance outerwear. Former subheadings 6201.91.10 and 6201.91.20 for non-recreational performance outerwear are renumbered 6201.91.25 (padded, sleeveless) and 6201.91.40 (other).

Similarly, subheadings 6202.91.05 (padded, sleeveless) and 6202.91.15 (other) are added for women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of wool or fine animal hair, that are recreational performance outerwear. Former subheadings 6202.91.10 and 6202.91.20 for non-recreational performance outerwear are renumbered 6202.91.60 (padded, sleeveless) and 6202.91.90 (other).

Cotton anoraks and windbreakers. New subheadings 6201.92.05 (down), 6201.92.17 (other, water resistant) and 6201.92.19 (other, other) are added for men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of cotton, that are recreational performance outerwear. Former subheadings 6201.92.10, 6201.92.15 and 6201.92.20, now for non-recreational performance outerwear, are renumbered 6201.92.30 (down), 6201.92.35 (other, water resistant) and 6201.92.45 (other, other).

Subheadings 6202.92.03 (down), 6202.92.05 (other, water resistant) and 6202.92.12 (other, other) are added for women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of cotton, that are recreational performance outerwear. Former subheadings 6202.92.10, 6202.92.15 and 6202.92.20, now for non-recreational performance outerwear, are renumbered 6202.92.25 (down), 6202.92.35 (other, water resistant) and 6202.92.90 (other, other).

Man-made fiber anoraks and windbreakers. New subheadings 6201.93.15 (down), 6201.92.18 (other, padded and sleeveless), 6201.93.25 (other, containing wool or animal hair), 6201.93.30 (other, water resistant) and 6201.93.35 (other, other) are added for “recreational performance outerwear” men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of man-made fiber. Former subheadings 6201.93.10, 6201.93.20, 6201.93.25, 6201.93.30 and 6201.93.35, now for non-recreational performance outerwear, are renumbered 6201.93.50 (down), 6201.93.52 (other, padded and sleeveless), 6201.93.55 (other, containing wool or animal hair), 6201.93.60 (other, water resistant) and 6201.93.65 (other, other).

New subheadings 6202.93.01 (down), 6202.92.03 (other, padded and sleeveless), 6202.93.05 (other, containing wool or animal hair), 6202.93.07 (other, water resistant) and 6202.93.09 (other, other) are added for “recreational performance outerwear” women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of man-made fiber. Former subheadings 6202.93.10, 6202.93.20, 6202.93.40, 6202.93.45 and 6202.93.50, now for non-recreational performance outerwear, are renumbered 6202.93.15 (down), 6202.93.25 (other, padded and sleeveless), 6201.93.45 (other, containing wool or animal hair), 6202.93.48 (other, water resistant) and 6202.93.55 (other, other).

Anoraks and windbreakers of other fibers. New subheadings 6201.99.05 (silk) and 6201.99.15 (other) are added for men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of other fibers, that are recreational performance outerwear. Former subheadings 6201.99.10 and 6201.99.90 for non-recreational performance outerwear are renumbered 6201.91.50 (silk) and 6201.91.80 (other).

Similarly, subheadings 6202.99.03 (silk) and 6202.99.15 (other) are added for women’s or girls’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of other fibers, that are recreational performance outerwear. Former subheadings 6202.99.10 and 6202.99.90 for non-recreational performance outerwear are renumbered 6202.91.60 (silk) and 6202.91.80 (other).

Wool trousers, breeches, shorts and overalls. Subheadings 6203.41.01 (trousers and breeches with elastomeric fibers, water-resistant, etc.), 6203.41.03 (other, trousers of worsted wool), and 6203.41.06 (other, other, including shorts) are added for “recreational performance outerwear” men’s or boys’ trousers, breeches and shorts of wool or fine animal hair. New subheading 6203.41.08 is added for men’s or boys’ bib and brace overalls that are “recreational performance outerwear. Former subheadings 6203.41.05, 6203.41.12, 6203.41.18 and 6203.41.20 now cover non-recreational performance outerwear, and are renumbered as 6203.41.25 (trousers and breeches with elastomeric fibers, water-resistant, etc.), 6203.41.30 (other, trousers of worsted wool), 6203.41.60 (other, other, including shorts) and 6203.41.80 (bib and brace overalls).

New subheadings 6204.61.05 (trousers and breeches with elastomeric fibers, water-resistant, etc.), 6204.61.05 (other, including shorts and overalls) are added for “recreational performance outerwear” women’s or girls’ trousers, breeches and shorts of wool or fine animal hair. Former subheadings 6204.61.10 and 6204.61.90 now cover non-recreational performance outerwear, and are renumbered as 6204.61.60 (trousers and breeches with elastomeric fibers, water-resistant, etc.) and 6204.61.80 (other, including shorts and overalls).

Cotton trousers, breeches, shorts and overalls. New subheadings 6203.42.03 (with down) and 6203.42.05 (other, bib and brace overalls) and 6203.42.07 (other, other) are added for men’s and boys’ trousers, bib and brace overalls, breeches and shorts of cotton that meet the definition of “recreational performance outerwear.” Former subheadings 6203.42.10, 6203.42.20 and 6202.42.40 now cover non-recreational performance outerwear, and are renumbered as 6203.42.17 (with down), 6203.42.25 (other, bib and brace overalls) and 6203.42.45 (other, other).

Subheadings 6204.62.03 (with down) and 6204.62.05 (other, bib and brace overalls) and 6204.62.15 (other, other) are added for women’s and girls’ trousers, bib and brace overalls, breeches and shorts of cotton that meet the definition of “recreational performance outerwear.” Former subheadings 6204.62.10, 6204.62.20, 6204.62.30 and 6202.42.40 now cover non-recreational performance outerwear, and are renumbered as 6204.62.50 (with down), 6204.62.60 (other, bib and brace overalls), 6204.62.70 (other, other, certified hand-loomed and folklore) and 6204.62.80 (other, other, other).

Synthetic fiber trousers, breeches, shorts and overalls. New subheadings 6203.43.01 (with down) and 6203.43.03 (other, water resistant bib and brace overalls), 6203.43.05 (other, other bib and brace overalls), 6203.43.09 (other, other, containing wool), 6203.43.11 (other, other, other, water-resistant trousers or breeches) and 6203.43.13 (other, other, other, other) are added for men’s and boys’ trousers, bib and brace overalls, breeches and shorts of synthetic fibers that meet the definition of “recreational performance outerwear.” Former subheadings 6203.43.10, 6203.43.15, 6203.43.20 and 6203.43.25, 6203.43.30, 6203.43.35 and 6203.43.40 now cover non-recreational performance outerwear, and are renumbered as 6203.43.45 (with down) and 6203.43.55 (other, water resistant bib and brace overalls), 6203.43.60 (other, other bib and brace overalls), 6203.43.65 (other, other certified hand-loomed and folklore products, 6203.43.70 (other, other, containing wool), 6203.43.75 (other, other, other, water-resistant trousers or breeches) and 6203.43.90 (other, other, other, other).

New subheadings 6204.63.01 (with down) and 6204.63.02 (other, water resistant bib and brace overalls), 6204.63.03 (other, other bib and brace overalls), 6204.63.08 (other, other, containing wool), 6204.63.09 (other, other, other, water-resistant trousers or breeches) and 6204.63.11 (other, other, other, other) are added for women’s and girls’ trousers, bib and brace overalls, breeches and shorts of synthetic fibers that meet the definition of “recreational performance outerwear.” Former subheadings 6204.63.10, 6204.63.12, 6204.63.15, 6204.63.20 and 6204.63.25, 6204.63.30 and 6204.63.35 now cover non-recreational performance outerwear, and are renumbered as 6204.63.50 (with down) and 6204.63.55 (other, water resistant bib and brace overalls), 6204.63.60 (other, other bib and brace overalls), 6204.63.65 (other, other certified hand-loomed and folklore products, 6204.63.70 (other, other, other, containing wool), 6204.63.75 (other, other, other, other, water-resistant trousers or breeches) and 6204.63.90 (other, other, other, other).

Trousers, breeches, shorts and overalls of other fibers. Subheadings 6203.49.01 (bib and brace overalls of artificial fibers), 6203.49.05 (trousers, breeches and shorts of artificial fibers), 6203.49.07 (of silk) and 6203.49.09 (other) are created for men’s and boys’ trousers, bib and brace overalls, breeches and shorts of other fibers that meet the definition of “recreational performance outerwear.” Former subheadings 6203.49.10, 6203.49.15, 6203.49.20, 6203.49.40 and 6203.49.80 now cover non-recreational performance outerwear, and are renumbered as 6203.49.25 (bib and brace overalls of artificial fibers), 6203.49.35 (trousers, breeches and shorts of artificial fibers, hand-loomed and folklore), 6203.49.50 (trousers, breeches and shorts of artificial fibers, other), 6203.49.60 (of silk) and 6203.49.90 (other)

Subheadings 6204.69.01 (bib and brace overalls of artificial fibers), 6204.69.02 (trousers, breeches and shorts of artificial fibers, containing wool), 6204.69.03 (trousers, breeches and shorts of artificial fibers, other), 6204.69.04 (of more than 70% silk), 6204.69.05 (of silk, other) and 6204.69.06 (other) are created for women’s and girls’ trousers, bib and brace overalls, breeches and shorts of other fibers that meet the definition of “recreational performance outerwear.” Former subheadings 6204.69.10, 6204.69.20, 6204.69.25, 6204.69.40, 6204.69.60 and 6204.69.90 now cover non-recreational performance outerwear, and are renumbered as 6204.69.15 (bib and brace overalls of artificial fibers), 6204.69.22 (trousers, breeches and shorts of artificial fibers, containing wool), 6204.69.28 (trousers, breeches and shorts of artificial fibers, other), 6204.69.45 (of more than 70% silk), 6204.69.65 (of silk, other) and 6204.69.80 (other).

Garments of coated, impregnated and rubberized fabrics. New subheadings 6210.40.15 (of man-made fibers coated or impregnated with rubber or plastic that obscures the fabric), 6210.40.25 (of other man-made fibers), 6210.40.28 (of other fibers coated or impregnated with rubber or plastic that obscures the fabric) and 6210.40.29 (of other fibers, other) are created for “recreational performance outerwear” men’s and boys’ garments, other than overcoats and similar garments, made of fabrics of heading 5903, 5906 or 5907 (i.e., coated, impregnated and rubberized fabrics). Former subheadings 6210.40.30, 6210.40.50, 6210.40.70 and 6210.40.90 now cover non-recreational performance outerwear, and are renumbered as 6210.40.35 (of man-made fibers coated or impregnated with rubber or plastic that obscures the fabric), 6210.40.55 (of other man-made fibers), 6210.40.75 (of other fibers coated or impregnated with rubber or plastic that obscures the fabric) and 6210.40.80 (of other fibers, other).

Similarly, new subheadings 6210.50.03 (of man-made fibers coated or impregnated with rubber or plastic that obscures the fabric), 6210.50.05 (of other man-made fibers), 6210.50.12 (of other fibers coated or impregnated with rubber or plastic that obscures the fabric) and 6210.50.22 (of other fibers, other) are created for “recreational performance outerwear” women’s and girls’ garments, other than overcoats and similar garments, made of fabrics of heading 5903, 5906 or 5907 (i.e., coated, impregnated and rubberized fabrics). Former subheadings 6210.50.30, 6210.50.50, 6210.50.70 and 6210.50.90 now cover non-recreational performance outerwear, and are renumbered as 6210.50.35 (of man-made fibers coated or impregnated with rubber or plastic that obscures the fabric), 6210.50.55 (of other man-made fibers), 6210.50.75 (of other fibers coated or impregnated with rubber or plastic that obscures the fabric) and 6210.50.80 (of other fibers, other).

Cotton tracksuits and coveralls and other knit garments. Subheading 6211.32.50 is created for men’s and boys’ tracksuits, coveralls and other garments (not ski suits or swimwear) of cotton that qualify as “recreational performance outerwear.” Former subheading 6201.32.00 now covers non-recreational performance outerwear, and is renumbered 6211.32.90.

Subheading 6211.42.05 is created for women’s and girls’ tracksuits, coveralls and other garments (not ski suits or swimwear) of cotton that qualify as “recreational performance outerwear.” Former subheading 6201.42.00 now covers non-recreational performance outerwear, and is renumbered 6211.42.10.

Man-made fiber tracksuits and coveralls and other knit garments. Subheading 6211.33.05 is created for men’s and boys’ tracksuits, coveralls and other garments (not ski suits) of man-made fibers that qualify as “recreational performance outerwear.” Former subheading 6201.33.00 now covers non-recreational performance outerwear, and is renumbered 6211.33.90.

New subheading 6211.43.05 is created for women’s and girls’ tracksuits, coveralls and other garments (not ski suits) of man-made fibers that qualify as “recreational performance outerwear.” Former subheading 6201.43.00 now covers non-recreational performance outerwear, and is renumbered 6211.43.10.

Tracksuits and coveralls and other knit garments of other materials. New subheadings 6211.39.03 (of wool or fine animal hair), 6211.39.07 (of silk) and 6211.39.15 (other) are created for men’s and boys’ tracksuits, coveralls and other garments (not ski suits) of other textile materials that qualify as “recreational performance outerwear.” Former subheadings 6201.39.05, 6201.39.10 and 6201.39.90 now cover non-recreational performance outerwear, and are renumbered 6211.39.30 (of wool or fine animal hair), 6211.39.60 (of silk) and 6211.39.80 (other).

Similarly, new subheadings 6211.49.03 (of silk), 6211.39.15 (of wool or fine animal hair) and 6211.39.25 (other) are created for women’s and girls’ tracksuits, coveralls and other garments (not ski suits) of other textile materials that qualify as “recreational performance outerwear.” Former subheadings 6201.49.10, 6201.49.41 and 6201.49.90 now cover non-recreational performance outerwear, and are renumbered 6211.49.50 (of silk), 6211.49.60 (of wool or fine animal hair) and 6211.49.80 (other).

Other Changes Fix Errors in Chapters 84, 85 and 90

Alongside the updates required by customs reauthorization legislation, the ITC also took the opportunity to make several corrections to Chapters 84, 85 and 90 of the tariff schedule. Corrections include a fix to a typo in subheading 8423.89.10, and the addition of units of quantity to subheadings 8531.80.15, 8531.90.9001, 8536.90.60 and 8543.70.91. The ITC also fixed the column 2 duty rate for subheading 9032.90.91.