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NY L85636




July 15, 2005

CLA-2-61:RR:NC:3:353 L85636

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060

Ms. Irena Parker
Dash America Inc./DBA Pearl Izumi
620 Compton St
Broomfield, CO 80020

RE: The tariff classification of a cycling garment from Macau, China and Thailand.

Dear Ms. Parker:

In your undated letter received in this office on June 16, 2005, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style 0140 Men’s Ultrasensor Cycling Bib Short, is constructed of knit 69% nylon, 16% polyester and 15% spandex fabric. The fabric transfers moisture to the outer surface for quick evaporation. The tight-fitting garment has a racer back, open front, oversize armholes and padding of synthetic chamois in the crotch and derriere. The garment is worn while riding a bicycle and is not suitable for wear in other situations.

You note that in ruling NY J83373, dated May 1, 2003, a similar garment was classified under subheading 6114.30.3070. You inquire, based on the 2004 CAFC decision in Bauer Nike Hockey USA Inc. v United States, if the instant garment is classifiable in heading 9506. The Style 0140 Men’s Ultrasensor Cycling Bib Short is not of the type of protective equipment of 9506, which protects against blows, falls or collisions.

The applicable subheading for the Style 0140 Men’s Ultrasensor Cycling Bib Short 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 percent ad valorem.

The Style 0140 Men’s Ultrasensor Cycling Bib Short falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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