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NY A84743




July 9, 1996

CLA-2-61:RR:NC:5:353 A84743

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061

Ms. Linda Stohr
Linda Stohr Customhouse Broker
11099 S La Cienega Blvd.
Los Angeles, CA 90045

RE: The tariff classification of a "Roller Hockey Team Pant" from Taiwan.

Dear Ms. Stohr:

In your letter dated June 6, 1996, received in our office on June 13, 1996, on behalf of Gear International Trading Co., you requested a tariff classification ruling.

The three samples submitted are roller hockey pants consistng of man-made fiber woven fabric. All three samples have a mesh fabric going down the outer portion of the legs. A) The first sample has padding at the hip joints, upper thighs, tailbone and lower rib area. B) The second sample is a roller hockey pant without padding identified as the shell. It is to be worn in conjunction with the girdle (no sample of girdle included). C) The third sample is a pair of roller hockey pants used as a replacement for the RHTP. When the outer fabric is torn or worn, the lower unit would be purchased and the RHTP padding transfered to it.

Sports equipment is provided for generally in heading 9506, HTSUSA. However, Note 1 (e), Chapter 95, HTSUSA, excludes sports clothing of Chapters 61 and 62, HTSUSA, from the coverge of Chapter 95.

Although protective equipment is covered by heading 9506, it is Customs' view that the heading embrases 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 constitutte 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 and shin guards.

The applicable subheading for the roller 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 roller hockey pants falls 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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