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NY L80406




November 17, 2004

CLA-2-61:RR:NC:3:353 L80406

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060

Mr. Joey Abbott
Klotz Inc.
72 Fraser Ave., Ste. #160
Toronto, Ontario, Canada
M6K 3J7

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

Dear Mr. Abbott:

In your letter dated October 19, 2004 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style H0313 is men’s protective hockey pants composed of knit 90% polyester/ spandex fabric. The garment is full length to the ankle with hook and loop fasteners above the knee on front and back of the leg for attaching socks, and a pocket for the protective sport cup. The hockey pant also has an elastic waistband and straps on the inside of the pant to support cup pocket. The lower portion of the garment extends below the hockey pants or shorts and is clearly intended to be noticed; the garment is designed for and worn when playing hockey.

The applicable subheading for style H0313 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 14.9% ad valorem. The textile category designation is 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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