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NY N003487




December 22, 2006

CLA-2-62:RR:NC:TA:N3:356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4010; 6203.43.4030

Mr. Troy Clarke
CBT International, Inc.
110 West Ocean Blvd, Suite 728
Long Beach, CA 90802

RE: The tariff classification of men’s woven pants and shorts from China.

Dear Mr. Clarke:

In your letter dated November 2, 2006, you requested a tariff classification ruling on behalf of Valencia Sport Group, LLC SixSixOne. As requested, your samples will be returned.

Style 9300 is a pair of men’s fully lined pants. The outer surface is constructed from 100% nylon woven fabric and the lining is of 100% polyester mesh knit fabric. Style 9300 features a flat waistband with an elastic rear insert; a fly front opening with two snap closures and hook and loop fabric tape; self-fabric tabs at each side of the waistband with buckles and hook and loop closures; two front pockets with hook and loop closures; a large pocket on the side of each leg with a flap finished with a large plastic edge; and ankle zippers with hook and loop closures at the leg opening. There are knit fabric inserts on the front of the legs and on the rear panel. The pants have a PU coating that is not visible to the naked eye.

Style 9201 is a pair of men’s fully lined shorts. The outer surface is constructed from 100% nylon woven fabric and the lining is of 100% polyester mesh knit fabric. Style 9201 features a flat waistband with an elastic rear insert; a fly front opening with two snap closures and hook and loop fabric tape; self-fabric tabs at each side of the waistband with buckles and hook and loop closures; two front pockets with hook and loop closures; a large pocket on the side of each leg with a flap finished with a large plastic edge; and hemmed leg openings. There are knit fabric inserts on the front of the legs and on the rear panel. The shorts have a PU coating that is not visible to the naked eye.

You state that the garments will be used for mountain bike racing. The garments do not contain any specific design features limiting them for use for a particular sport. Consequently, the applicable subheading for Style 9300 will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: other: other: other: trousers and breeches: men’s. The rate of duty is 27.9% ad valorem.

The applicable subheading for Style 9201 will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: other: other: other: shorts: men’s. The rate of duty is 27.9% 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 9300 and 9201 fall within textile category designation 647. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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