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NY I85512




September 16, 2002

CLA-2-61:RR:NC:3:353 I85512

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060

Ms. Marie DelToro
Hap Distributing Co.
1040 Rock Ave.
San Jose, CA 95131

RE: The tariff classification of a men’s protective garment from China.

Dear Ms. Del Toro:

In your letter dated August 20, 2002, on behalf of Shandong Huahui Silk Clothes Co., Ltd., you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style Gladiator MDF-770 is a man’s protective garment composed of knit 50% nylon, 30% polyester, 8% spandex, 7% Eva and 5% polyethylene fabric. The garment will be worn for motorcycle competition underneath a jacket. The garment has long sleeves, a full zipper back opening, a zipper on each side between the arm and shoulder, hard plastic and soft padding at the front, shoulders and arms, and soft plastic padding at the back.

The applicable subheading for the Gladiator MDF-770 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.

Gladiator MDF-770 falls within textile category designation 659. 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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