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NY L86318




August 5, 2005

CLA-2-62:RR:NC:N3:353 L86318

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061, 6211.43.0091

Ms. Linda M. Rasco
Metro Customs Brokers Inc.
P.O. Box 55
Rouses Point, NY 12979

RE: The tariff classification of bike riding shorts from China.

Dear Ms. Russo:

In your letter dated July 13, 2005, on behalf of Sugoi Performance Apparel, you requested a classification ruling. The samples will be returned to you as requested.

Two samples of bike riding shorts were submitted with your request. Style 36257U, Drop Short is a bike riding men’s short composed of woven nylon fabric. The boxer style shorts have an inner short liner with a chamois crotch and grip leg elastic. The garment has an elasticized waistband and side slash pockets.

Style 36300F, Gusta Short is a women’s bike riding short composed of woven nylon fabric. The shorts have zippered pockets a fly with a snap and hook and loop closure. The inner mesh liner has an elasticized waistband and leg grip and chamois crotch.

The bike riding shorts would only be worn when riding a bicycle. However, the items are not sports equipment of 9506 which protects against blows, falls or collisions.

The applicable subheading for style 36257U, Drop Short will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suitsother garments: Other garments, men’s or boys’: Of man-made fibers, Other." The duty rate will be 16% ad valorem. The textile category designation is 659.

 The applicable subheading for the style 36300F, Gusta Short will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suitsOther garments, women’s or girls’: Of man-made fibers, Other." The duty rate will be 16% ad valorem. The textile category designation is 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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