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NY N007592




March 27, 2007

CLA-2-61:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060

Ms. Rebekka Moen
Dash America Inc. dba Pearl Izumi USA, Inc. 620 Compton Street
Broomfield, CO 80020

RE: The tariff classification of men’s triathlon shorts.

Dear Ms. Moen:

In your letter dated February 21, 2007, you requested a tariff classification ruling. You have not yet decided on the country of manufacture of the item. Your sample has been retained for our files.

Style 1310 “Kawaihae Race Short” is a pair of men’s shorts constructed from two different finely knit fabrics. The front and rear panels are constructed from 90% nylon, 10% spandex knit fabric and the side panels are constructed of 87% polyester, 13% spandex knit fabric. The shorts feature a covered elastic waistband with an inside drawstring; a zippered pocket on the upper rear panel below the waistband, a three layer knit fabric sewn-in padded crotch area, screen printed logos along the side of each leg, 9-inch inseam, and hemmed leg openings with gripper strips. The garment is worn when competing in a triathlon, which consists of a swim, bicycle and run event.

The applicable subheading for Style 1310 “Kawaihae Race Short” 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 general rate of duty is 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/.

Style 1310 “Kawaihae Race Short” 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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