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NY L88294





November 17, 2005

CLA-2-62:RR:NC:3:353 L88294

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Joon Rhee
Frontier Logistics Service
C/O Hyun Jin Corporation
1700 N Alameda St
Compton, CA 90222

RE: The tariff classification of motocross pants from China.

Dear Mr. Rhee:

In your letter dated October 17, 2005, on behalf of Hyun Jin Corporation, you requested a classification ruling.

The submitted sample is a woman’s/girl’s motocross pant, no style number provided, constructed of woven 70% polyester, 30% nylon fabric with some stretch panels and cuffs of knit 100% polyester fabric. The pant features a mesh liner, front zipper and plastic buckle closure, padded knee and thigh areas, rubberized protective knee and outer thigh patches, and leather patches on the inner leg. The outer shell fabric is coated on the inside surface with polyurethane that is not visible to the naked eye. The woven fabric imparts the essential character of the pant. The pant would only be worn while participating in motocross activities.

The applicable subheading for the woman’s/girl’s motocross pant will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’, of man-made fibers, other. The duty rate will be 16 percent ad valorem. The textile category designation is 659.

The woman’s/girl’s motocross 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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