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NY H83152




July 10, 2001

CLA-2-61:RR:NC:3:353 H83152

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9052

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of workout shorts from China.

Dear Mr. Stack:

In your letter dated June 29, 2001, on behalf of Avon Products, Inc., you requested a classification ruling. The sample will be returned to you.

The submitted sample is an Item PP229934 “The Ultimate Workout Short” constructed of an interior of cellular rubber that is laminated on both sides with knit 100% nylon jersey fabric. The unisex shorts are mid-thigh length and feature zippers on each side that adjust to fit three widths.

The garment is made of a fabric of heading 5906.

The applicable subheading for the Item PP229934 “The Ultimate Workout Short” will be 6113.00.9052, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Trousers, breeches and shorts: Other: Women's or girls'.” The duty rate will be 7.2% ad valorem.

The Item PP229934 “The Ultimate Workout Short” falls within textile category designation 648. 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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