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NY L88333




November 18, 2005

CLA-2-62:RR:NC:3:353 L88333

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030, 6114.30.3060

Ms. Maureen Cecil
American Shipping Company, Inc
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of cycling shorts from China.

Dear Ms. Cecil:

In your letter dated October 15 2005, on behalf of Quality Worldwide, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style # 26003 “Epic” is a man’s cycling short with an inner padded short-style garment worn inside. The two garments are secured together in a “floating liner” construction in which the inner garment is attached to the outer short by means of 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 Style # 26003 outer short is constructed of woven 100% polyester fabric. The short extends to the top of the knee and features a flat waistband with four belt loops and a laced front closure, a fly front opening with hook and loop closure, an adjustable tab with hook and loop closures at the rear waistband, a knit insert on the upper rear panel for stretch, a zippered pocket on the lower right leg, mesh inserts on each leg for ventilation and hemmed leg openings.

The Style # 26003 inner garment is constructed of knit 90% polyester, 10% spandex fabric. The pull-on garment features an elasticized waist, elasticized leg openings, and a padded crotch and seat. The padding is bulky and the garment is impractical for everyday use and will only be worn while cycling.

The applicable subheading for the Style # 26003 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 #26003 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.

Your inquiry does not provide enough information for us to give a classification ruling on a woman’s cycling short, a sample of the garment is required. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include any of the material that we have returned to you.

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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