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NY F85319




April 20, 2000

CLA-2-62:RR:NC:3:353 F85319

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0081, 6211.39.9090

Ms. Stella Chow
Karasia Imports, Inc.
532 N. Gerona Ave.
San Gabriel, CA 91775

RE: The tariff classification of bicycling shorts from China.

Dear Ms. Stella Chow:

In your letter dated April 4, 2000, on behalf of Innovative Filling Technologies, Inc., you requested a classification ruling.

Two samples were submitted with your request. Men’s Rock shorts are composed of woven 100% cotton fabric with a 100% polyester lining and a pad of 100% polyester chamois with water solution (non- toxic). The boxer style shorts have two slash pockets on each side and two flap patch pockets with a hook and loop closures on the legs. The shorts have a zipper and snap front fly closure, textile belt and textile adjustable strap at the bottom of each leg. There is inside padding in the crotch of the shorts for the protection and comfort of the wearer.

Men’s Badlands shorts are composed of woven 55% linen/45% cotton fabric with a 100% polyester lining and a pad of 100% polyester chamois with water solution (non-toxic). The shorts are boxer style shorts with a drawstring waist, and two side pockets. There is inside padding at the crotch for the protection and comfort of the wearer.

The heavy lining and chamois with water solution pad makes the garment uncomfortable and too restrictive for everyday wear.

The applicable subheading for the Men’s Rock shorts will be 6211.32.0081, 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 cotton, Other.” The duty rate will be 8.3% ad valorem.

The applicable subheading for the Men’s Badlands shorts will be 6211.39.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits,Other garments, men’s and boys’: Of other textile materials: Other, Other.” The duty rate will be 2.9% ad valorem.

The Men’s Rock shorts fall within textile category designation 359 and the Men’s Badlands shorts fall within textile designation 859. 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 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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