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NY I84272




August 7, 2002

CLA-2-61:RR:NC:3:353 I84272

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060, 6110.20.2065, 6201.93.3000, 6201.93.3511

Ms. Tina M. Beegle
Mohawk Customs & Shipping Corp.
PO Box 3065
Syracuse, New York 13220-3065

RE: The tariff classification of motor cycle pants, pull over jersey and jackets from China and/or Korea.

Dear Ms. Beggle:

In your letter dated July 22, 2002, on behalf of Erik Salmela DBA Ovec Ind., you requested a classification ruling. The samples will be returned to you as requested.

Four samples of Torsion Performance Trials Apparel were submitted with your request. The RS1 motorcycle pants are composed of knit polyester and lycra fabric. The pants have an elasticized waistband and a heavy gauge zipper in top left hip area. There is biofoam in the lower back and terry cloth knee lining to provide comfort. The pullover jersey is composed of knit mesh polyester fabric. The pullover jersey has longs sleeves, wrist cuff, a V-neck design and low back design to ensure that the jersey remains tucked in while riding. The Torsion Lite Ride jacket is composed of woven nylon fabric coated with PU. The garment has a large internal pocket with zipper pull tabs, elastic at the back, two front pockets with hook and loop closures and a full front zipper closure. The Torsion Ride Jacket is composed of woven nylon fabric coated with PU. The garment has a large internal arm-pocket with zipper pull tabs, flex panel system in mid back area flares out to regulate temperature inside the jacket, front snap pockets with hook and loop closures and a full front zipper snap closure that closes left over right.

The applicable subheading for the pants 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 textile category designation is 659.

The applicable subheading for pullover jersey will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. The rate of duty will be 17.3 percent ad valorem. The textile category is 338.

The Lite Ride Jacket and the Ride Jacket are eligible for classification as water-resistant. If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem. The textile category is 634.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem. The textile category is 634.

Based upon international textile trade agreements products of China and Korea 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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