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NY L88742




November 29, 2005

CLA-2-62:RR:NC:N3:353 L88742

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061, 6211.43.0091

Ms. Linda M. Rasco
Metro Customs Brokers Inc.
40 Miromar Drive, Suite 12
Champlain, NY 12919

RE: The tariff classification of bike shorts from China.

Dear Ms. Rasco:

In your letter dated November 9, 2005, on behalf of Sugoi Performance Apparel, you requested a classification ruling. The samples will be returned to you as requested.

Two samples of bike riding shorts were submitted with your request, Styles 32005UBL Men’s Traverse Bike Short and 32005FBL Women’s Traverse Bike Short.

Style 32005UBL Men’s Traverse Bike Short is a men’s bike riding short composed of woven 85% polyester, 15% spandex fabric with an inner short liner of knit mesh fabric. The boxer-style short has an elasticized waistband with drawstring closure, two side slash pockets, and a rear patch pocket secured by a hook and loop closure. The inner short liner features a “Presto” chamois in the crotch area that is specifically shaped for men.

Style 32005FBL Women’s Traverse Bike Short is a women’s bike riding short composed of woven 85% polyester, 15% spandex fabric with an inner short liner of knit mesh fabric. The boxer-style short has an elasticized waistband with drawstring closure, two side slash pockets, and a rear patch pocket secured by a hook and loop closure. The inner short liner features a “Presto” chamois in the crotch area that is specifically shaped for women.

The chamois is bulky and the bike riding shorts would only be worn when riding a bicycle.

The applicable subheading for Style 32005UBL Men’s Traverse Bike Short will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suitsother garments: Other garments, men’s or boys’: Of man-made fibers, Other." The duty rate will be 16% ad valorem. The textile category designation is 659.

 The applicable subheading for the Style 32005FBL Women’s Traverse Bike Short will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suitsOther garments, women’s or girls’: Of man-made fibers, Other." The duty rate will be 16% ad valorem. The textile category designation is 659.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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