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NY L87764




October 19, 2005

CLA-2-62:RR:NC:TA:N3:356 L87764

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1550; 6203.43.4030; 6204.63.3532

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

RE: The tariff classification of men’s and women’s knit and woven shorts from China.

Dear Ms. Rasco:

In your letter dated September 21, 2005, you requested a tariff classification ruling on behalf of Sugoi Performance Apparel. As requested, your samples will be returned.

Style 32401U “Men’s Mobil Trail Short” is a pair of men’s shorts constructed from 85 percent polyester, 15 percent spandex woven fabric. The shorts feature a tunnel elastic waistband with an inner drawstring, a 100 percent polyester mesh knit liner, a pouch pocket below the center rear waistband with an elasticized opening and a hook and loop closure, and hemmed legs with side slits.

Style 30202U “Men’s 42K Short” is a pair of men’s shorts constructed from 100 percent polyester woven fabric. The shorts feature a tunnel elastic waistband with an inner drawstring, front and rear panels that split and cross over each other at the sides, a 100 percent polyester mesh knit liner, three expandable mesh knit pockets below the rear waistband, and hemmed legs.

Style 30495U “Men’s Notch Short” is a pair of men’s shorts constructed from 100 percent polyester knit fabric. The shorts feature a tunnel elastic waistband with an inner drawstring, a 100 percent polyester mesh knit liner, a mesh fabric inner key pocket, and hemmed legs with side slits.

Style 30382F ”Women’s Spearhead Short” is a pair of women’s shorts constructed from 100 percent polyester woven fabric. The shorts feature a tunnel elastic waistband with an inner drawstring, a 100 percent polyester mesh knit liner, a mesh fabric inner key pocket, and hemmed legs with side slits.

You state in your correspondence that you believe classification of the knit garment should be in HTS 6112.39.0090, which provides for swimwear. You also state that you believe the woven garments are sport specific for running and should be classified in HTS heading 6211.33.0061 and 6211.43.0091 as “other” garments. We note that each of the garments has a liner made of “Technifine” mesh knit fabric that is designed to keep an athlete comfortable by providing moisture transfer and quick drying comfort. This lining is not suitable for swimwear. The general construction and styling of the garments indicate that they are general athletic apparel suitable for wear in a variety of athletic activities and are not specially designed for a specific sport.

Consequently, the applicable subheading for Style 30495U will be 6103.43.1550, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: shorts: men’s. The rate of duty is 28.2 percent ad valorem.

The applicable subheading for Styles 32401U and 30202U will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: other: other: other: shorts: men’s. The rate of duty is 27.9 percent ad valorem.

The applicable subheading for Style 30382F will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s and girls’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: other: other: other: other: shorts: women’s. The rate of duty is 28.6 percent ad valorem.

Styles 32401U, 30202U, and 30495U fall within textile category designation 647. Style 30382F falls within textile category designation 648. 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.

You have not provided sufficient information for us to issue a ruling on the classification of Styles 32005UBL and 32005 FBL. Please provide the information requested below for the classification of Styles 32005UBL and 32005FBL, the “Traverse Bike Shorts.”

State the fiber content of the “Presto Chamois” in percentages by weight. Supply the thickness of the “Presto Chamois” padding. Provide the weight of the “Presto Chamois” in ounces per square yard.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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