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NY M80231




February 16, 2006

CLA-2-62:RR:NC:3:353 M80231

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0061; 6211.43.0091; 6203.43.4030; 6114.30.3060

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 January 25, 2006, on behalf of Sugoi Performance Apparel, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. Style 36203U Men’s Remote Bike Short is a man’s bike riding short constructed of 100% nylon woven fabric with a sewn-in inner liner constructed of 92% polyester and 8 % spandex knit fabric. The boxer style short features an enclosed elasticized waistband with a drawstring closure, two slash pockets, a right side zippered pocket and hemmed bottoms. The short liner features a grip bottom and a “Presto” chamois in the crotch that is specifically shaped for men.

Style 36202F Women’s Devote Bike Short is a woman’s bike riding short constructed of 100% nylon woven fabric with a sewn-in inner liner constructed of 92% polyester and 8 % spandex knit fabric. The boxer style short features an enclosed elasticized waistband with an interior drawstring closure, two slash pockets, a bottom right side small flapped patch pocket and hemmed bottoms. The short liner features a grip bottom and a “Presto” chamois in the crotch that is specifically shaped for women.

Style 36301U Gustov Short is a man’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 if attached to the outer shorts by means of elasticized loops. The short and inner liner can be easily separated, by cutting the loops, without damaging either garment, and will be classified separately.

The 36301U outer short is constructed of 100% nylon woven fabric. The short features a one button waistband, with side buckle tighteners, a fly front with a hook and loop closure, back pockets, oversized front patch pockets, a zippered top right pocket and hemmed leg openings.

The 36301U inner garment is constructed of knit mesh 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 every day use and will only be worn while cycling.

The applicable subheading for style 36203U will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits. Ski-suits and swimwear, other garments: other garments, men’s or boys’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 36202F will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear, other garments: other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 36201U outer shorts will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, shorts: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other, other: other: other: other, shorts: men’s. The duty rate will be 27.9 percent ad valorem.

The applicable subheading for style 36201U inner garment will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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/.

Styles 36203U, 36201U inner garment and 36202F fall within textile category designation 659. Style 36201 shorts falls within textile category designation 647. 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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