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NY H83361




July 20, 2001

CLA-2-61:RR:NC:3:353 H83361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9086, 6113.00.9052

Mr./Ms. P. F. Wegener
M. G. Maher & Company, Inc.
One Canal Place
Suite 1600
New Orleans, LA 70130

RE: The tariff classification of a weighted vest and short from Taiwan.

Dear Mr./Ms. Wegener:

In your letter dated July 2, 2001, on behalf of Strength Systems, Inc., you requested a classification ruling.

The submitted samples are Item SWV Weighted Vest and SWS Weighted Short. Both items are unisex resistance power training garments constructed of neoprene rubber covered with knit nylon fabric on both sides. The fabric is perforated for ventilation. The vest is styled, sleeveless and features oversize armholes and full front zipper closure. The short features reinforced double-stitched seams and heavy-duty nylon adjustable web belt. Both garments contain compartments on the inside for the placement of weights.

You have provided your catalogue. For the weighted vest and shorts its states “Build lower leg power, acceleration and endurance with the STRENGTH® WEIGHTED VEST AND SHORTS when training for any sport. Play in it, practice in it and train in it. The STRENGTH® WEIGHTED VEST AND SHORTS also comes with recommended training movements workout program.” In your letter, you suggest classification under subheading 9506.91.0030, and cite ruling NY D84434 of November 13, 1998, which concerned the classification of a weighted vest. The merchandise in that ruling is substantially dissimilar from the instant vest, and consisted of a number of weights held together by material. The instant vest and short are clearly identifiable as wearing apparel. Chapter 95 Note 1 (e) states that “1. This chapter does not cover: (e) Sports clothing or fancy dress, of textiles, of chapter 61 or 62.”

The applicable subheading for the Item SWV Weighted Vest will be 6113.00.9086, 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, Other: Other: Women's or girls'.” The rate of duty will be 7.2% ad valorem.

The applicable subheading for the Item SWS Weighted 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 rate of duty will be 7.2% ad valorem.

The Item SWV Weighted Vest falls within textile category designation 659; the Item SWS Weighted Short falls within textile category designation 648. Based upon international textile trade agreements products of Taiwan 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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