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NY G86334




January 26, 2001

CLA-2-61:RR:NC:3:353 G86334

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060

Stephen P. Fogel
Champro Sports Equipment
3600 Jarvis Avenue
Skokie, IL 60076

RE: The tariff classification of baseball pants from Pakistan.

Dear Mr. Fogel:

In your letter dated January 12, 2001 you requested a classification ruling.

The submitted samples are style numbers BPY Youth Pull-Up, BPA Adult Heavyweight Pull-Up, BP2Y Youth Belt Loop, and BP2A Adult Heavyweight Belt Loop baseball pants. The pants are all constructed of knit 100% polyester fabric. All the garments are sized specifically for men or boys. Styles BPY and BPA are ankle length and feature an elasticized waistband with drawstring, elasticized cuffs, back patch pocket and a reinforced double knee. Styles BP2Y and BP2A are ankle length and feature a heavy duty elasticized waistband with oversized belt loops, front nylon zipper with two waist snaps, elasticized cuffs, back patch pocket and a reinforced double knee. The reinforced double knee give additional abrasion control and protection to a ball player when sliding into base.

You ask whether the baseball pants are properly classified under subheading 6103 as “Trousers, breeches and shorts,” or subheading 6114 as “Other garments.” In general, sporting apparel is classified under heading 6114 if it is designed to be worn only while participating in a particular sport, serves a particular function for that sport, such as, providing additional protection to the wearer, and is not ordinarily worn at any other time. The garments in question are recognized as baseball pants, have a special protective design feature for that sport, namely a reinforced double knee, and considering the fabric, design and construction, it is unlikely these pants will be worn for any purpose other than playing baseball.

The applicable subheading for the style numbers BPY, BPA, BP2Y and BP2A baseball pants 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 15.3% ad valorem.

The style numbers BPY, BPA, BP2Y and BP2A baseball pants fall within textile category designation 659. Based upon international textile trade agreements products of Pakistan are not subject to quota, but are subject to 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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