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NY A87152




September 9, 1992

CLA-2-62:RR:NC:5:353 A87152

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061

Mr. Ken Hashimoto
Expeditors Int'l.
P.O. Box 2568
578 Eccles Avenue
South San Francisco, CA 94080

RE: The tariff classification of ice hockey pants from Taiwan.

Dear Mr. Hashimoto:

In your letter dated August 27, 1996, on behalf of Easton Sports you requested a classification ruling.

The submitted sample is a pair of ice hockey pants stated to consist of woven nylon fabric. The pants are knee length with padding in the leg and above the waist area. At the waist there is a textile belt with a plastic buckle. The sample will be returned to you as requested.

Sports equipment is provided for generally in heading 9506, HTSUSA, while ice hockey equipment in particular is covered by subheading 9506,99.25. However, Note 1(e), Chapter 95, HTSUSA, excludes sports clothing of Chapters 61 and 62, HTSUSA, from the coverage of Chapter 95. Nevertheless, you state that in view of their protective function, hockey pants should be classified a sports equipment.

Although protective equipment is covered by heading 9506, it is Customs' view that the heading embraces only certain forms of protective gear, and that sports clothing, regardless of the protection they afford the wearer, is still excluded. The Explanatory Notes, which constitute the official interpretation of the Harmonized System at the international level, provide at EN 95.06(B)(13), that protective gear of heading 9506 includes such articles as fencing masks and breast plates, elbow and knee pads, cricket pads and shin guards.

The applicable subheading for the ice hockey pants will be, 6211.33.0061 Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments Other garments, men's or boys': Of man-made fibers, Other. The duty rate will be 16.8 percent ad valorem.

The ice hockey pants fall within textile category designation 659. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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