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NY J81638




March 27, 2003

CLA-2-61:RR:NC:WA:361 NY J81638

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2030; 6114.30.3030

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
Attorneys at Law
The Waterford – 5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: The tariff classification of a pair of woman’s shorts and a woman’s one-piece play suit from Honduras.

Dear Mr. Travis:

In your letter dated February 27, 2003, you requested a classification ruling for two women’s garments. The items are being returned as requested.

You have indicated that the garments will be produced from a blend of polyester and spandex knit fabric, but have not provided specific percentages.

Style TSASL is a one-piece garment, which you describe as a one-piece sleeveless triathlete garment. The sleeveless garment extends from the shoulder to the thigh, and has a rounded neckline; a front opening with a zipper closure; a waist seam; a rear pocket below the waist; an hemmed leg openings. There is also a padded crotch.

Style RSN1 is a pair of shorts, which you describe as “race shorts.” The shorts have an elasticized waistband with a drawstring; hemmed leg openings and a padded crotch.

You have recommended classification for the shorts under 6114.30.3070, as other garments due to certain specific features said to be designed specifically for wear during all three triathlon events. The terms of heading 6104 are not limited, thus they include all forms of shorts. (see HQ 089405) While special articles of apparel used for certain sports are properly classified in heading 6114, this is a limited exception, as indicated in HQ 960833: The exemplars given in the EN, such as fencing clothing, jockeys’ silks and ballet clothing, are generally worn only while engaging in that activity. None of the garments submitted are so specialized that they could be worn only while surfing, nor are they unsuitable for wear for other activities, including various other water sports such as water skiing, wind surfing, and jet skiing. The submitted shorts do not meet this exception.

For the playsuit, the garment is classified in heading 6114. However, it is more specifically described, and thus properly classified, in subheading 6114.30.3030 (Sunsuits, washsuits, one-piece playsuits and similar apparel) than 6114.30.3070 (Other).

The applicable subheading for the shorts will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sshortsknitted or crocheted: Of synthetic fibers. The duty rate will be 28.4 percent ad valorem.

The applicable subheading for the playsuit will be 6114.30.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments knitted or crocheted: Of man-made fibers: Sunsuits, washsuits, one-piece playsuits and similar apparel: Women's or girls'. The duty rate will be 15 percent ad valorem.

The shorts fall within textile category designation 648; the playsuit falls within textile category designation 237. Based upon international textile trade agreements products of Honduras are neither subject to quota nor 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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