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NY 877956




OCTOBER 05,1992

CLA-2-64:S:N:N3D: 346-ST 877956

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.20; 6216.00.4600; 6114.30.3030

Ms. Melora Watling
Hi Fibre Textiles Ltd.
#1-3751 N. Fraser Way
Burnaby, BC, Canada V5J 5G4

RE: The tariff classification of "Sugoi" brand cycle apparel from Canada and Pakistan.

Dear Ms. Watling:

In your letter dated September 1, 1992, received here on September 8, 1992, you requested a tariff classification ruling.

Regarding the footwear, the sample you described is as follows:

"I.D. # DESCRIPTION SUGGESTED TARIFF CLASSIFICATIONS

9211 Unisex bicycling 6404.19.20 waterproof overshoe.
Fabric: 100% Poly knit.
Polyurethane coating.
Fabric Origin: Canada
Fabric: 80% Polypropylene/
20% Spandex. Fabric Origin:
U.S. Manufactured in Canada."

We note that the upper material is not externally visibly coated with plastic but that the sole material is. The sole, as is, would completely cover the bottom of the foot. An instruction sheet in one of the shoes provides a template to help the purchaser cut out part of the sole to accomodate the cleats, if any, on his bicycle shoe. Even if this cut out is made, the remainder of this item's sole would still cover most of the bottom of the foot.

Your submitted sample, style 9120, is a lightly lined full- fingered glove with a synthetic leather palm, fingers and thumb. The palm is padded. The synthetic leather, for tariff purposes, is a not knitted and non-coated fabric. The glove also features a knit man-made fabric back of the hand and an applied knit cuff. The essential character of this glove is imparted by the synthetic leather portion. You described this glove as a bicycle glove. The padded palm is typically found on bicycle gloves. The light lining provides warmth appropriate to the activity. The cuff prevents wind from entering the rider's sleeve. Accordingly, this glove shows design for use in winter bicycle riding.

Your submitted sample, style 9100, is a half-fingered glove with a padded synthetic leather palm and thumb reinforecement. The synthetic leather, for tariff purposes, is a not knitted and non-coated fabric. The back of the hand is made of 80 percent polyester amd 20 percent spandex knit fabric, the back of the thumb is made of terry. An off center vent is secured by a hook and loop closure. This glove shows design for use in the sport of bicycling. The essential character is imparted by the synthetic palm and thumb.

Style 2300 (Skinsuit) is a one piece knitted garment specially designed for the sport of cycling. The garment, which you state is unisex, is made from 80 percent man-made fiber (either nylon or polyester) and 20 percent spandex fabric. The garment features short sleeves, a zippered front opening which extends to a seamed waist and a shorts-type bottom with elasticized leg opening. The shorts portion contains a multi- layered padded insert sewn to the crotch and seat area. The insert consists of an outer layer of chamois which contains a polyester foam core designed for maximum moisture wicking. The insert's purpose is purely functional, i.e., to pervent abrasion and chafing and to absorb sweat while biking. This is a necessary feature for serious cyclists to enable them to avoid the hazards of the sport. This padded insert is somewhat cumbersome, making the garment too restrictive for everyday wear.

The applicable subheading for the footwear will be 6404.19.20, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately textile materials; in which the outer sole's external surface is predominately rubber and/or plastics; which is not "Athletic" footwear; and which is designed to be a protection against water, oil, or cold or inclement weather. The duty rate will be 37.5 percent.

The applicable subheading for both gloves will be 6216.00.4600, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: Other: of man-made fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports. The duty rate will be 5.5 percent.

The applicable subheading for the skin suit will be 6114.30.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for certain articles. The duty rate will be 16.1 percent.

Goods classifiable under subheading 6404.19.20 and 6114.30.30, HTS, which have originated in the territory of Canada, will be entitled to 22.5 percent and 9.6 percent rates of duty respectively, under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

HTS 6114.30.3030 falls within textile category designation 237. However, there are currently no quota or visa requirements applicable to products of Canada in this categroy.

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

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