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NY C81141




November 13, 1997

CLA-2-61:RR:NC:3:353 C81141

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9052

Ms. Eulalia Mascot
Link Europe U.S.A.
P.O. Box 398297
Miami Beach, FL 33239-8297

RE: The tariff classification of sport shorts (hot pants) from Spain.

Dear Ms. Mascot:

In your letter dated October 22, 1997, you requested a classification ruling.

The submitted sample is a pair of shorts stated to consist of vulcanized rubber and covered on the inside with a knitted cotton fabric and on the outside with knitted polyester fabric. You state that the shorts are used: 1- As an orthopedic accessory for injured muscles. 2- As a body shaper by helping reducer cellulite on hips, thighs and buttocks. 3- As a body warm up before or while exercising while at the same time having a body shaping effect.

The applicable subheading for the sport shorts will be 6113.00.9052, Harmonized Tariff Schedule of the United States (HTS), which provides for "Garments, made up of knitted or crocheted fabrics of heading 5903,5906 or 5907: Other, Trousers, breeches and shorts: Other: Women's or girls'. The duty rate will be 7.4% ad valorem.

The sport short falls within textile category designation 648. Based upon international textile trade agreements products of Spain are not subject to quota and the requirement of a visa at this time.

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,

Robert B. Swierupski
Director,

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