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NY L87410




September 15, 2005

CLA-2-62:RR:NC:3:353 L87410

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061

Ms. Anne Sarkar
BMW of North America, LLC
P.O. Box 1227
Westwood, NJ 07675-1227

RE: The tariff classification of an off road motorcycle pant from China.

Dear Ms. Sarkar:

In your letter dated August 19, 2005 you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Rallye 2 Trouser/Pant, P/N’s Regular 72 60 7 676 011-018 & 025-032 and Long 72-60-7-676 019-024 & 033-038. It is sold exclusively in men’s sizes. The Rallye 2 Trouser/Pant is part of a Rallye 2 Suit that includes a jacket; the jacket and trouser/pant are packaged and sold separately to accommodate different customer size needs for the jacket and trouser/pant. The trouser/pant is constructed of an outer shell of woven 100% polyamide fabric, except for Kevlar® stretch sections above the knee. The boot-cut trouser/pant features a knit 100% polyester liner, zip-in water resistant liner, low waist with side buckles for size adjustment, rear zipper for attaching the jacket, fabric reinforced derriere area, two front vertical zip pockets, thigh vents, stretch sections above the knee, pockets for hip armor (sold separately), leather inserts on the inside of the knee, and hard plastic abrasion-resistant internal knee pads. The trouser/pant is protective in nature and would be uncomfortable to wear when not riding a motorcycle and is classified in heading 6211.

You suggest classification in subheading 6211.33.0030. However, that subheading is for track suit trousers.

The applicable subheading for the Rallye 2 Trouser/Pant will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, men’s or boys’: Of man-made fibers, Other.” The duty rate will be 16 percent ad valorem.

The Rallye 2 Trouser/Pant 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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