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NY I83923




July 26, 2002

CLA-2-61:RR:NC:3:353 I83923

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060, 6210.40.5030

Ms. Diana L. Trout
Trans-Trade, Inc.
P.O. Box 612369
DFW Airport, TX 75261

RE: The tariff classification of a motorcross jacket and pants from China.

Dear Ms. Trout:

In your letter dated June 27, 2002, on behalf of Rehan Corp., you requested a classification ruling.

The submitted samples are a man’s motorcross jacket and pants. The motorcross jacket is composed of knit mesh nylon fabric. The garment has a full front zipper closure and a mock turtle- neck collar. There is durable sewn-in padding at the shoulders, chest and at the back of the arms. The pants are visibly coated on the inside and composed of 50% woven and 50% knit nylon fabric with a zipper fly with a tap snap closure. There are zippers at the knees and ankles and two zippered pockets below the waist. The lower back area has extra padding and there are pockets in the knees for pads. The woven portion of the garment reinforces stress points.

The jacket and pants are designed for use in motorcross, provide additional protection to the wearer, and would not be worn for any other purpose but motorcross.

The pants will be classified according to GRI 3(c) when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. Chapter 61 vs. Chapter 62

The applicable subheading for the motorcross jacket 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 duty rate will be 15.1% ad valorem. The textile category is 659.

The applicable subheading for the motorcross pants will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Of man-made fibers: Other, Trousers, breeches and shorts. The rate of duty will be 7.2% ad valorem. The textile category is 647.

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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