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NY H81983




July 12, 2001

CLA-2-61:RR:NC:3:353 H81983

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Carol Mossa
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919-0939

RE: The tariff classification of baseball pants from Mexico.

Dear Ms. Mossa:

In your letter dated June 7, 2001, you requested a classification ruling.

The submitted sample is a Style #801 Adult Baseball Pant constructed of knit 100% polyester fabric. The pant can be worn by both men and women, is ankle length, and features a heavy duty elasticized waistband with oversized belt loops, front nylon zipper with two waist snaps, elasticized cuffs, back patch pocket and a reinforced knee area. The reinforced knee area gives additional abrasion control and protection to a ball player when sliding into base. In addition, you request classification of Style #811 Youth Baseball Pant, which you state is worn by both boys and girls and, except for size, is constructed exactly like Style #801.

The garments in question are recognized as baseball pants, have a special protective design feature for that sport, namely a reinforced knee area, 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 #801 Adult Baseball Pant and Style #811 Youth Baseball Pant 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 general duty rate will be 15.3% ad valorem. The textile category designation is 659.

Based upon international textile trade agreements products of Mexico are not subject to quota or the requirement of a visa.

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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