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NY L88100




October 21, 2005

CLA-2-62:RR:NC:3:353 L88100

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030, 6114.30.3060

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

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

Dear Ms. Parker:

In your letter dated October 6, 2005, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample 0136/0130 is a men’s cycling short with an inner padded short-style garment worn inside. The two garments secured together in a “floating liner” construction in which the inner garment is attached to the outer short by means of a elasticized loops. The short and inner garment can be easily separated, by cutting the loops, without damaging either garment, and will be classified separately.

The 0136/0130 outer short is constructed of woven 46% polyester, 45% nylon and 9% spandex fabric. The short features a flat waistband in the front and rear and a tunnel elastic at each side, a zippered fly with a single snap at the waistband, a patch pocket on each leg with hook and loop closure and hemmed legs,

The 0136/0130 inner garment is constructed of knit 92% polyester and 8% spandex fabric. The pull-on garment features an elasticized waist, elasticized leg openings, and a padded crotch and seat. The padding is substantial and the garment is impractical for everyday use and will only be worn while cycling.

The applicable subheading for the Style 0136/0130 outer short will be 6203.43.4030. Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’trousersand 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 textile category designation is 647.

The applicable subheading for the Style 0136/0130 inner garment 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 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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