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NY 855703

Sept. 28, 1990

CLA-2-61:S:N:N3I:361 855703

CATEGORY: CLASSIFICATION

TARIFF NO.:6104.63.2030; 6110.30.3055; 6114.30.3070

John H. Chettle
Freedman, Levy, Kroll & Simonds
Washington Square-1050 Connecticut Ave.N.W. Washington, D.C. 20036-5366

RE: The tariff classification of three knit unisex pullovers, a pair of knit unisex shorts and a knit unisex triathalon suit from Switzerland.

Dear Mr. Chettle:

In your letter dated August 27, 1990, on behalf of Blacky Mode Design Ag, you requested a classification ruling.

You have submitted five knit samples constructed from 100% man-made fabric combinations. You have stated that all of these samples, are unisex in design and are worn by either sex, mostly during athletic activity. You also state, that these samples, which contain the correct number of parts to form complete garments, will be imported in the unfinished state as submitted and will be manufactured into garments by a manufacturer in the United States. Samples of the completed garments were enclosed with your ruling request.

The unassembled parts referred to by you as " soccer shorts" are constructed of a 100 percent polyester fabric. The shorts are boxer type and feature an elasticized drawstring waistband, a rear right pocket and an inner lining.

The unassembled parts referred to by you as a "soccer jersey" are constructed of a 100 percent polyester fabric. The garment when assembled is a pullover. The soccer pullover features short sleeves (each sleeve different in design), a v- neckline, and two Blacky logos, in the upper front right hand corner and the left sleeve. A Blacky logo is a combination of a Blacky signature and a horse.

The unassembled parts referred to by you as a "cycle jersey" are constructed of a 100 percent polyester fabric. The garment when assembled is a pullover. This garment features a partial back opening with a zippered closure, a mock turtleneck, short sleeves with elastic at the sleeve ends, three front pockets below the waist, and a Blacky logo on the middle pocket.

The unassembled parts referred to by you as a "hockey jersey" are constructed of a 100 percent polyester fabric. The garment when assembled is a pullover. This garment is oversized and features long loose fitting sleeves, and a v-neckline with the Blacky emblem in the upper left front corner.

The unassembled parts referred to by you as "cycle shorts" are constructed of an 80 percent polyester 20 percent spandex fabric. The garment when assembled is commercially referred to as a triathalon suit. The garment extends from the neck and shoulder area to the mid- thigh area. It is a sleeveless one piece garment with legs, oversized armholes, a mid-back rise, an open v-shaped front, and two and one half inch shoulder straps. The inseam is approximately nine and one half inches (measuring from the crotch to the end of the leg). There are rubberized gripper strips of elastic on the inside of each leg opening. The one piece garment features chamois padding across the entire seat area. There is a Blacky emblem on the lower portion of the left leg.

The unfinished samples you have submitted, retain the essential character of the submitted completed garments, therefore they will be classified in the Harmonized Tariff Schedules of the United States (HTS), under the subheadings mentioned below, according to The General Rules of Interpretation 2(a).

The applicable subheading for the three pullovers will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pullovers of man-made fibers. The rate of duty will be 34.2 percent ad valorem.

The applicable subheading for the shorts will be 6104.63.2030, (HTS), which provides for women's knit shorts of synthetic fibers. The rate of duty will be 30 percent ad valorem.

The applicable subheading for the triathalon suit will be 6114.30.3070, (HTS), which provides for other women's knit garments of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

The pullovers fall within textile category designation 639. The shorts fall within textile category designation 648. The triathalon suit falls within textile category designation 659. Based upon international textile trade agreements, products of Switzerland are subject to neither visa requirements nor quota restraints.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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