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NY F82385




February 11, 2000

CLA-2-61:RR:NC:3:353 F82385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060

Mr./Ms. J. Epstein
W.N. Epstein & Co., Inc.
4333 Woodson Road
St. Louis, MO 63134

RE: The tariff classification of a sports girdle from China and/or Hong Kong.

Dear Mr./Ms. Epstein:

In your letter dated January 25, 2000, on behalf of Roller Derby Skate Corp., you requested a classification ruling.

The submitted sample is called an item #5295 protective girdle and is constructed of knit mesh man-made fiber fabric. It reaches to the knees, has an adjustable cord tie waistband, and features 100% ethylene vinyl acetate padding at the waist, rear and the outer thigh area. You state that the item is worn under a pair of skating pants and is used in connection with skate boarding, aggressive skating and roller hockey.

The protective girdle is not classifiable as sports equipment of heading 9506. Chapter 95, Note 1 to the Harmonized Tariff Schedule of the United States (HTSUS) states “This chapter does not cover: (e) Sports clothing or fancy dress, of textiles, of chapter 61 or 62.” In addition, the item is not the type of a girdle classifiable in heading 6212.

The applicable subheading for the item #5295 protective girdle will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other...Other: Men's or boys'.” The duty rate will be 15.4% ad valorem.

Item #5295 falls within textile category designation 659. Based upon international textile trade agreements products of China and Hong Kong 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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