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NY L81141




December 8, 2004

CLA-2-61:RR:NC:3:353 L81141

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055, 6114.30.2010, 6114.30.3070

Mr. Mark Schmittling
Cortez Customhouse Brokerage Co.
4950 West
Battle Creek, MI 49015

RE: The tariff classification of triathlon apparel from France.

Dear Mr. Schmittling:

In your letter dated November 29, 2004, on behalf of Steel Snake c/o Aquaman Triathlon USA, you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted samples are an Aquaman Top Singlet, Lady Swim Suit, Tri Brief Swim Suit, Tri Function Suit and Tri Short. All of the garments are constructed of kit 80% nylon and 20% elastane fabric. All are printed with the Aquaman Triathlon logo and are worn when competing in a triathlon, which consists of a swim, bicycle and run event. The Aquaman Top Singlet is a tight-fitting unisex pullover that features two oversize armholes and two rear pockets for water bottles. The Aquaman Lady Swim Suit is tight-fitting and features oversize armholes, an open back and a padded seat area. The Aquaman Brief Swim Suit is a tight-fitting unisex brief with an elasticized waist with draw cord and padded seat area. The Aquaman Tri Function Suit is a tight-fitting unisex bodysuit with a partial front zipper closure, oversize armholes, an approximately 8-inch inseam, two rear mesh pockets for water bottles and a padded seat area. The Aquaman Tri Short is a tight-fitting unisex short with an approximately 8-inch inseam, elasticized waist with draw cord and padded seat area.

The applicable subheading for the Aquaman Top Singlet will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for “Sweaters, pullovers, sweatshirtsknitted or crocheted: Of man-made fibers: Other: Other: Other, Other: Women’s or girls’.” The rate of duty will be 32% ad valorem.

The applicable subheading for the Aquaman Lady Swim Suit will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for “ Other garments, knitted or crocheted, Of man-made fibers: Bodysuits and bodyshirts, Of fabric containing by weight 5 percent or more of elastomeric yarn or thread. .“The rate of duty will be 32% ad valorem.

The applicable subheading for the Aquaman Brief Swim Suit, Aquaman Tri Function Suit and Aquaman Tri Short 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 rate of duty will be 14.9%.

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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