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NY N003944




December 18, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030, 6114.30.3060

Thomas D. Johnson
Trek Bicycle Corporation
801 West Madison Street
Waterloo, WI 53594-1379

RE: The tariff classification of cycling shorts from China.

Dear Mr. Johnson:

In your letter dated November 27, 2006 you requested a classification ruling.

The submitted sample, Trail Rider Short, is a man’s cycling short with an inner padded short-style garment. The two garments are secured together in a “floating liner” construction in which the inner garment is attached to the outer short by means of looped bands at the left and right side of the short. The outer short and inner garment can be easily separated, by cutting the loops, without damaging either garment, and is considered two garments.

The outer short is constructed from 57% nylon, 40% polyester, 3% spandex woven twill fabric. The garment has a flat waistband with a plastic buckle closure at the waist, a fly front opening with a zipper closure, a snap at the waist, an inset pocket at each hip with a zipper closure, a cargo pocket on the right leg with a flap and hook and loop closures, and hemmed leg openings.

The inner garment is constructed of ultra lightweight knit 93% nylon, 7% spandex mesh fabric. The pull-on garment features an elasticized waist, silicon leg grippers at the leg openings, and a chamois padded groin and derriere area. The padding is bulky and the garment is impractical for everyday use and will only be worn while cycling.

You request classification of the Trail Rider Short in subheading 6203.43.0081 as a set put up for retail sale. First, subheading 6203.43.0081 does not exist in the HTS. Second, the Trail Rider Short consists of two garments, an outer short and inner garment. Note 13 of Section XI, of the HTSUS, requires that textile garments of different headings be separately classified, thus preventing classification as a set.

The applicable subheading for the outer 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 is 27.9% ad valorem.

The applicable subheading for the 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/.

The outer short falls within textile category designation 647; the inner garment falls within textile category 659. 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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