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NY H87064




January 23, 2002

CLA-2-61:RR:NC:3:353 H87064

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0060

Mr. Christopher Goodwin
Expeditors International of Washington Inc. 1 Second Street
Peabody, MA 01960

RE: The tariff classification of a hip guard from China.

Dear Mr. Goodwin:

In your letter dated December 7, 2001, received in this office on January 8, 2002, on behalf of BLB Enterprises Inc., you requested a tariff classification ruling.

The submitted sample, called a Hip Guard, is a unisex brief-style garment constructed of knit 92% cotton/8% spandex fabric. The item features built-in polyethylene foam pads, which measure approximately 6 1/2 x 7 inches, at the hips. The item is made to be worn by, and protect persons who have problems with falling down. The Hip Guard comes in four sizes (small, medium, large and extra-large). No style designation was provided with the submitted sample.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized Tariff System at the international level. The EN to heading 6114 states that “the heading includes, inter alia: (1) Aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc.” (emphasis added)

The applicable subheading for the hip-protector will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of cotton, Other: Women's or girls'.” The rate of duty will be 10.9% ad valorem.

The Hip Guard falls within textile category designation 359. 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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