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NY 879564




November 20, 1992
CLA-2-61:S:N:N3H:353 879564

CATEGORY: CLASSIFICATION

TARIFF NO: 6103.43.1520; 6114.30.3060; 6114.30.3070

Mr. Hugh Walton
Pearl Izumi Technical Wear
2300 Central Avenue - Suite G
Boulder, CO 80301

RE: The tariff classification of knit cycling apparel from Japan.

Dear Mr. Walton:

In your letter dated October 13, 1992, you requested a tariff classification ruling.

Four samples of knit cycling garments, styles 200, 200L, 2720 and 450, were submitted with your inquiry. It is your contention that all four garments are specially designed garments suitable for serious cycling enthusiasts, and should therefore be classifiable under heading 6114, HTS. which provides for such garments. The submitted samples will be returned to you under separate cover.

Styles 200 (men's) and 200L (women's) are bike shorts made from 80% nylon and 20% spandex knit fabric. The garments feature an 8 panel construction, rubberized elastic grips at the bottom of each leg opening to keep the garment in place, an elasticized waistband and a printed Pearl Izumi logo on the right leg.

Style 2720 is a men's one piece cycling suit. The garment is made from 80% nylon and 20% spandex knit fabric. The garment features short sleeves, a zippered front opening which extends to a seamed waist, a shorts-type bottom with elasticized leg openings, a rear pouch pocket and printed logos in various locations.

Styles 200, 200L and 2720 contain a multi-layered padded insert consisting of a 100% polyester face, a core of laminated layers of friction absorbing open-celled foam and a bottom layer. This pad is contour sewn to the crotch and seat area and is designed for maximum moisture wicking. The insert's purpose is purely functional, i.e., to prevent 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. Due to the substantial amount of spandex, the garments fit will be skin tight. This padded insert is somewhat cumbersome, making the garment too restrictive for everyday wear.

Style 450 is a pair of men's pants. The body of the garment is made from 90% polyester and 10% spandex finely knit napped fabric. The major portion of the front of the pants have an overlay of 100% nylon, finely knit, water proof "Entrant" material. The pants feature an elasticized waist, rubberized elastic grips and zippers at the ankles and printed logos on the rear of the pants.

Although you describe style 450 as a cycling pant, for Customs purposes, it is not specially designed solely for the sport of cycling. The garment is distinguished from the other cycling garments by its lack of padding and any other discernible "special design". Because it is wearable as everyday wear, this garment is classifiable under the specific heading for trousers pants.

The applicable subheading for style 450 will be 6103.43.1520,
Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys'...knitted or crocheted: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Trousers and breeches: Men's. The rate of duty will be 30 percent ad valorem.

The applicable subheading for styles 200 and 2720 will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers, other: other: Men's and boys'. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for style 200L will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of man-made fibers, other: other: Women's and girls'. The rate of duty will be 16.1 percent ad valorem.

Styles 200, 200L and 2720 fall within textile category designation 359; style 450 falls within category designation 647. Based upon international textile trade agreements, products of Japan are subject to quota restraints and visa requirements.

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 U.S. Customs Service, which is available for inspection at your local Customs office.

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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