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NY J89577




October 6, 2003

CLA-2-61:RR:NC:3:353 J89577

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060; 6114.30.3070

Mr. Edward L. Goss
Santosa Manufacturing Company
35 Woodland Road
Short Hills, NJ 07078

RE: The tariff classification of a garment from China.

Dear Mr. Goss:

This ruling replaces NY J88786, dated September 9, 2003, on behalf of Cannondale Bicycle Corporation. You have informed us that the garments are constructed of knit 96% nylon and 4% spandex fabric rather than the 100% polyester fabric you originally indicated. This ruling reflects the actual construction of the garments.

Your submitted sample, which you describe as 96% nylon and 4% spandex knit, inner-liner under shorts (with sewn in cushion pad) for use while riding a bicycle. The sample is a man’s short pant of knit 96% nylon and 4% spandex fabric. The item features an exposed elasticized waistband, a cushion pad sewn into the seat of the garment, which provides protection to the wearer while riding a bicycle. The bottom of the garment is elasticized, so it won’t ride up the wearer’s leg. This garment will also be imported in woman’s sizes.

The padding in these garments is too heavy for classification as underwear. It would also be uncomfortable for every day use as such. These garments are dedicated for use in the sport of bicycle riding.

The applicable subheading for man’s liner 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 percent ad valorem.

The applicable subheading for woman’s liner will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’. The duty rate will be 15 percent ad valorem.

Both items fall 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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