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NY I80586




May 14, 2002

CLA-2-61: RR:NC:TA:356 I80586

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050: 6114.30.3060; 6406.99.1510

Mr. Michael Madden
Global Transportation Services, Inc.
895 Blue Gentian Road
Eagan, MN 55121

RE: The tariff classification of men’s knit bicycle wear from Italy.

Dear Mr. Madden:

In your letter dated April 1, 2002, you requested a tariff classification ruling on behalf of Quality Bicycle Products. As requested, your samples are being returned.

The first garment, Style CL1315, which you identify as a bicycle shirt, is a men’s pullover garment constructed from 60 percent polyester, 40 percent polyamide, dropped stitch, mesh knit fabric that measures 35 stitches per 2 centimeters counted in the horizontal direction. Style CL1315 has a self-fabric mock turtleneck; a partial front opening with a zipper closure; short, hemmed sleeves; a rear pouch pocket that extends across the lower back and is divided into three separate compartments; and a tunnel elastic bottom with a curved tail.

The second garment, Style CL1305, which you identify as a bicycle bib short, is a pair of men’s padded bib shorts that will be constructed of finely knit fabric in either 60 percent polyester, 40 percent polyamide, or 75 percent polyamide, 25 percent elastane. The one piece pull-on garment has shoulder straps that measure two and one half inches in width; oversized armholes; deeply cut front and rear panels that provide partial covering of the front and back above the waist; and gripper strips at the leg openings. The garment has a multi-layered thickly padded insert in the crotch and seat area that consists of an outer layer of synthetic chamois with inner layers of foam. The insert prevents abrasion and chafing and absorbs sweat while biking. The padded insert is cumbersome, making the garment too restrictive for everyday wear.

The third item, no style number stated, is identified as a pair of leg warmers that will be constructed of finely knit fabric in either 60 percent polyester, 40 percent polyamide or 80 percent polyamide, 20 percent elastane. The leg warmers extend from the foot to above the knee and have self-fabric foot straps that extend under the instep and gripper strips at the top.

The fourth and fifth items, Style CL1368, identified as arm warmers, and Style CL1584, identified as knee warmers, cannot be classified without a sample of each item.

The applicable subheading for Style CL1315 will be 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: men’s or boys’. The rate of duty is 32.4 per cent ad valorem.

The applicable subheading for Style CL1305 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 rate of duty is 15.1 per cent ad valorem.

The applicable subheading for the leg warmers will be 6406.99.1510, Harmonized Tariff Schedule of the United States, (HTS), which provides for: gaiters, leggings and similar articles, and parts thereof: other: of other materials: of textile materials: of man-made fibers: leg warmers: other. The rate of duty is 15.3 per cent ad valorem.

Style CL1315 falls within textile category designation 638. Style CL1305 and the leg warmers fall within textile category designation 659. Based upon international textile trade agreements, products of Italy are not subject to visa requirements or quota restraints.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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