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NY L89752




February 9, 2006

CLA-2-42:RR:NC:N3:341 L89752

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020; 6203.43.4010; 6211.33.0010; 6307.90.9889

Ms. Kathrine McMahon
The Camelot Company
9865 West Leland Ave.
Schiller Park, IL 60176

RE: The tariff classification of a backpack, a mat, men’s pants and jumpsuits from Norway

Dear Ms. McMahon:

In your letter receiver January 10, 2006, you requested a classification ruling. The request is on behalf of Innkjopskompaniet, Tonsberg, Norway.

You have submitted samples of two garments described as a jumpsuit and men’s pants, a backpack and a folding mat and have requested classification within tariff number 9506.99.6080, HTSUSA, which provides, in part, for articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games parts and accessories thereof, Other, other. The samples will be returned as requested.

The folding mat is of oxford woven polyester with a polyurethane (PU) coating. The intended purpose is to facilitate the folding and storing of a parachute.

The backpack is wholly of textile materials consisting of 60 % polyester and 40% cotton fibers. The exterior surface is of textile materials of man-made fibers. The backpack is designed to provide storage, protection and portability for clothing and other personal accessories as well as parachuting accessories.

The men’s jumpsuit and a pair of men’s pants are constructed from 60% polyester, 40% cotton, woven fabric and are designed to be worn for parachute jumping. The pants feature a flat front waistband with a partially elasticized rear waistband and five belt loops; a fly front opening with a zipper closure; a detachable fabric belt; side seam pockets; a zippered pocket on the left thigh with a flap and two snap closures; a zippered inset pocket on the right thigh; double fabric reinforcement at the knees and the seat of the pants; and hook and loop closures at the ankles. The pants and the belt are considered composite goods with the essential character imparted by the pants.

The jumpsuit is a one piece garment that extends from the neck to the ankles and features a rib knit stand-up collar; a front zippered opening that extends from the neckline to below the waist; a tab with a snap closure at the neckline; a slider holder with a hook and loop closure on the rear collar; long sleeves with hook and loop closures at the cuffs; an elasticized waistband; an inside zippered pocket above the waist with a D-ring; a zippered bellows pocket on the right knee with a flap and two snap closures; double fabric reinforcement at the knees and the seat of the pants; and hook and loop closures at the ankles.

The clothing articles, jumpsuit and pants, are not eligible for classification within heading 9506, HTSUSA. They are not like the protective gear exemplars listed in the Explanatory Notes of Heading 9605, HTSUSA in their construction or function. The protective features they do possess (extra fabric on the knees and seat) do not transform the clothing into protective equipment for sports. The folding mat and backpack are not apparatus used in the actual conduct of the sport but is used in the storing of gear. Neither is classifiable within Heading 9506, HTSUSA.

The applicable subheading for the backpack will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers, backpacks. The duty rate will be 17.6 5 ad valorem.

The applicable subheading for the mat will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for other made-up articles of textile materials, other, other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the pants will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers: of synthetic fibers: other: other: other: other: trousers: men’s. The rate of duty is 27.9 % ad valorem.

The applicable subheading for the jumpsuit will be 6211.33.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’: of man-made fibers: coveralls, jumpsuits and similar apparel: other: men’s. The rate of duty is 16% ad valorem.

The pants fall within textile category designation 647 and the jumpsuit falls within textile category designation 659. The backpack falls within textile category 670. 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.

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/.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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