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NY B80695




January 21, 1997

CLA-2-62:RR:NC:3:TA:355 B80695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050

Ms. Roslyn Rice
Eddie Bauer
15010 N.E. 36th Street
Redmond, WA 98052

RE: The tariff classification of men's bike shorts from China.

Dear Ms. Rice:

In your letter dated December 20, 1996, you requested a classification ruling. The sample will be returned to you.

Your submitted sample, style 005-0693 is a pair of 100% cotton woven men's bicycing shorts. The garment features an enclosed elasticized waistband with a drawstring, two zippered side pockets, a zippered back pocket, a side patch pocket made of net and hemmed leg bottoms. The garment also features an internal short sewn to the waistband. This liner is made of a knit polyester mesh with 2 inch spandex band sewn to the top of the hem of the liner and a padded crotch and seat. The identical short will be imported as style 005-0694 in tall sizes.

The applicable subheading for styles 005-0694 and 005-0693 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of cotton: other: other, shorts: mens. The duty rate will be 17.4 percent ad valorem.

Styles 005-0694 and 005-0693 fall within textile category designation 347. Based upon international textile trade agreements products of China 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 Gerard Shea at 212-466-5878.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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