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NY M86832




October 6, 2006

CLA-2-62:RR:NC:3:353 M86832

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Dawn Dusseau
Trans-World Shipping Service, Inc.
3206 Frenchmens Road
Toledo, OH 43697-0795

RE: The tariff classification of a motocross pant and short from Hong Kong.

Dear Ms. Dusseau:

In your letter dated September 15, 2006, on behalf of Marshall Distributing Inc., you requested a tariff classification ruling.

The submitted samples are called a Fly Race Wear Free Ride Short and a Fly Racing Pant. The Fly Race Wear Free Ride Short is a men’s short constructed of a woven polyester shell with a knit polyester lining. The garment features an adjustable hook and loop belt, front zipper fly and two cargo pockets with zippers. You state the shorts are used in the motocross racing industry. The shorts have no protective features.

You suggest classification under subheading 6203.43.3500. However, that subheading encompasses trousers and breeches, not shorts.

The applicable subheading for the Fly Race Wear Free Ride Short will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ shorts (other than swimwear): of synthetic fibers: other: other: other: other: shorts: men’s. The rate of duty will be 27.9 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/.

Regarding the classification of the Fly Racing Pant, the issue of the classification of motocross pants, Chapters 61/62 versus heading 9506, is currently pending before the United States Court of International Trade (CIT) in the matter of Lemans Corporation v. United States, Case # 1:06-cv-00038 and Fox Racing USA v. United States, Case # 1:06-cv-00083. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the Court of International Trades, we are unable to issue a classification ruling letter to you with respect to the Fly Racing Pant. Accordingly, we are administratively closing our file on this item.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, U.S. Customs Service, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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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