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NY G80181




August 18, 2000

CLA-2-61:RR:NC:3:353 G80181

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. John McKeever
CSI International, Inc.
70 Jansen Ave., Suite 206
Essington, PA 19029

RE: The tariff classification of Girl’s Field Hockey Pants from China.

Dear Mr. McKeever:

In your letter undated letter, received in this office July 26,2000, you requested a classification ruling.

The submitted sample is a pair of Girl’s field Hockey Pants. As per our telephone conversation the pants are composed of knit polyester/lycra fabric. The garment is approximately mid-thigh length with padding at the hips; waist and extending down the back. The pants have lace ties at the front and a textile belt with a plastic buckle. The item is worn underneath hockey pants for protection.

Sports equipment is provided for generally in heading 9506, HTSUSA, while ice hockey equipment in particular is covered by subheading 9506.99.25. However, Note 1(e), Chapter 95, HTSUSA, excludes sports clothing of Chapters 61 and 62, HTSUSA, from the coverage of Chapter 95. Nevertheless, you state that in view of their protective function, hockey pants should be classified a sports equipment.

Although protective equipment is covered by heading 9506, it is Customs' view that the heading embraces only certain forms of protective gear, and that sports clothing, regardless of the protection they afford the wearer, is still excluded. The Explanatory Notes, which constitute the official interpretation of the Harmonized System at the international level, provide at EN 95.06(B)(13), that protective gear of heading 9506 includes such articles as fencing masks and breast plates, elbow and knee pads, cricket pads and shin guards.

The applicable subheading for the Girl’s Field Hockey Pants will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’.” The duty rate will be 15.4% ad valorem.

The Girl’s Field Hockey Pants fall within textile category designation 659. 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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