## Facts

- Riddell imported football jerseys, pants, and girdles designed to be worn during football play in conjunction with separate protective pads.
- The merchandise was imported and sold without pads; none of the garments incorporated protective pads at importation.
- The pants (polyester/spandex) ended below the knee, had elastic leg openings, and included interior pockets intended to hold thigh and knee pads; additional pads could be secured with the girdle.
- The jerseys were constructed to accommodate and be worn over shoulder pads and related protective gear.
- The girdles were worn under the pants and had pockets or fixtures for hip and tailbone pads.
- U.S. Customs classified the items as “articles of apparel” under HTSUS Chapters 61 and 62, imposing ad valorem duties; Riddell protested, seeking duty-free treatment as “football … articles and equipment” under HTSUS heading 9506.
- The Court of International Trade upheld Customs’ apparel classification on summary judgment; Riddell appealed.

## Issues

1. Whether football jerseys, pants, and girdles imported without pads but designed to hold or be worn with pads are classifiable as duty-free “football … articles and equipment” under HTSUS heading 9506 rather than as dutiable “articles of apparel” under HTSUS Chapters 61 and 62.
2. If the goods are apparel, whether the specific HTSUS subheading applied to the girdles was correct.

## Decision

- The Federal Circuit affirmed that the merchandise was not classifiable as “sports equipment” under HTSUS heading 9506 because, as imported, the items were garments lacking integrated protective components.
- The court affirmed the apparel classifications for the jerseys and pants under the apparel provisions used by Customs and upheld by the Court of International Trade.
- The court held the girdles were also apparel but reversed in part as to the girdles’ specific subheading, directing classification under a different apparel provision than the one initially identified by Customs.
- The judgment was affirmed in part and reversed in part.

## Legal Principles

- HTSUS classification is determined by the condition of the merchandise at the time of importation; post-importation assembly, combination, or use generally does not control classification.
- Heading 9506 covers sports “articles and equipment,” but specialized clothing remains “apparel” where its essential character at importation is a wearable garment rather than protective gear or apparatus.
- Design features that facilitate use of separate protective equipment (e.g., pad pockets or restraints) do not, by themselves, convert garments into Chapter 95 sports equipment.
- When merchandise is properly classified as apparel, the correct result depends on applying the appropriate apparel heading and subheading to the article’s construction and characteristics.

## Conclusion

The Federal Circuit held that padless football jerseys, pants, and girdles designed to work with separate pads are classifiable as dutiable apparel based on their condition as imported, not as duty-free football equipment under HTSUS heading 9506; it affirmed the apparel classifications for jerseys and pants and required a different apparel subheading for the girdles.


Riddell, Inc. v. United States, 754 F.3d 1375 (Fed. Cir. 2014)