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NY E87812





October 28, 1999

CLA-2-62:RR:NC:3:353 E87812

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061

Mr. Mark Laumann
Fritz Companies, Inc.
3109 Neil Armstrong Blvd.
Eagan, MN 55121

RE: The tariff classification of hockey pants from Thailand and China.

Dear Mr. Laumann:

In your letter dated September 20, 1999, on behalf of Hespeler Hockey Company, you requested a classification ruling. The sample submitted with the ruling request will be returned to you.

The submitted sample is a Style RTX Hockey Pant consisting of an outer shell of 100% woven nylon fabric, which is stated to be polyurethane coated. The coating is not visible to the naked eye. It features a stretch front gusset, front thigh and kidney polyethylene protective padding, additional hip and rear pads, a cord tie at the waist and an adjustable external belt.

You believe that the Style RTX Hockey Pant is properly classified under subheading 9506.99.2580 which provides for “Ice-hockey and field-hockey articles and equipment, except balls and skates, and parts and accessories thereof.” However, the Chapter 95 Notes state “1. This chapter does not cover: (e) Sports clothing or fancy dress, of textiles, of chapter 61 or 62.” As hockey pants are sports clothing, they are excluded from classification in heading 9506.

The applicable subheading for the Style RTX Hockey Pant 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 16.5% ad valorem.

The Style RTX Hockey Pant falls within textile category designation 659. Based upon international textile trade agreements products of Thailand and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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