HQ 0083129 - Knitted Cycling Garments - United States International Trade Commision Rulings

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HQ 083129

November 14, 1989

CLA-2 CO:R:C:G 083129 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0050

Mr. Gary E. Crawford
A.N. Deringer, Inc.
P.O. Box 559
Jackman, Maine 04945-0559

RE: Knitted Cycling Garments

Dear Mr. Crawford:

This is in reply to your letter dated July 11, 1988, to our New York office, in which you requested a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of two knitted cycling garments imported from Canada. Samples were submitted with your request.

FACTS:

The articles in question are cycling tights or trousers and are designated as styles 8433A and 8433B. The garments are made from two equal layers of knit material of 79 percent nylon and 21 percent spandex and laminated together (kiss bonded) with a thin layer of polyurethane foam. The style 8433A tights have an elasticized waist and a drawstring, and zippers on the back of the calves. In contrast to the 8433A tights, which are waist- high, style 8433B is a one-piece garment with shoulder straps. The back area is entirely covered while in front the garment leaves the chest and midriff exposed. There are also zippers on the calves of the 8433B pants.

ISSUE:

Whether the garments in question are made up articles of headings 5903, 5906 or 5907 such that they would be classified under heading 6113, HTSUSA?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI) govern classification under the HTSUSA. GRI 1 provides that the classification of articles is to be determined according to the terms of the headings and any relevant section or chapter notes.

Chapter 61, HTSUSA, covers articles of apparel and clothing accessories, knitted or crocheted. Heading 6113, HTSUSA, applies to garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907. Heading 5903 covers textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902. Since the cycling clothes are made from two layers of knitted material which are laminated together, they are regarded as textile fabrics within the scope of heading 5903, absent any language to the contrary within the section or chapter notes.

Note 2(a)(1) to chapter 59, HTSUSA, states that heading 5903 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics...other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye.

In applying Note 2(a)(1) to the merchandise in question, the terms "coating or covering" are construed to include laminated fabrics. Accordingly, since the polyurethane laminate is visible to the naked eye when viewed in cross section, the cycling pants are deemed to be garments made up of coated textile fabrics within the meaning of heading 5903.

Note 8 to chapter 61 states that articles which cannot be identified as men's or women's garments are to be classified in the headings covering women's or girls' garments. The cycling pants are described as being unisex and pursuant to note 8, are classified as women's or girls' garments.

HOLDING:

The cycling tights or pants are classified under subheading 6113.00.0050 as garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907; other; trousers and breeches; other; women's or girls'. They are dutiable at a rate of 7.6 percent ad valorem. The textile category is 648.

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 renegotiations 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 internal issuance of the Customs Service, which is available for inspection 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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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