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NY C83156




February 12, 1998

CLA-2-61:RR:NC:WA:361 C83156

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2030; 6106.20.2010

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of a women's knit shirt and shorts from Hong Kong.

Dear Ms. Cumins:

In your letter dated January 7, 1998, you requested a tariff classification ruling for styles 707393 and 707394 on behalf of Authentic Fitness Corp. The samples are being returned, as you requested.

Style 707393 is a woman's shirt constructed from 80% polyester, 20% polyurethane knit fabric with more than ten stitches per centimeter, in both the horizontal and vertical directions. The sleeveless shirt features a rounded neckline, partial front opening with a zipper closure and a plain, hemmed bottom.

Style 707394 is a pair of woman's shorts constructed from 80% polyester, 20% polyurethane knit fabric. The pull-on shorts feature a covered elasticized waistband, with a drawstring, a polyester foam pad sewn into the inside, at the crotch of the shorts, and a plain, hemmed bottom.

In your submission, you have provided information on the use of these garments for triathalon, to be used in all three sports that make up the event - swimming, running, and cycling. Although you have recommended the classification of these garments as bathing suits, it is clear that their use is not limited to swimwear, therefore, they cannot be classified in that heading.

As an alternative, you suggested classification for both garments in heading 6114, as other knit garments. The Explanatory Notes for heading 6114 state, in part:

This heading covers knitted or crocheted garments which are not included more specifically in the preceding headings of this Chapter.

Since both the shirt and shorts are included more specifically in prior headings, 6106 and 6104 respectively, heading 6114 is also not appropriate.

The applicable subheading for the shorts will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit shorts, of synthetic fibers. The rate of duty will be 29.3 percent ad valorem.

The applicable subheading for the shirt will be 6106.20.2010 Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit shirts and blouses, of man-made fibers. The rate of duty will be 33.6 percent ad valorem.

The shorts fall within textile category 648; the shirt falls within textile category 639. Based upon international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints.

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 Part 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Robert B. Swierupski
Director,

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