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NY N018331




November 1, 2007

CLA-2-62:OT:RR:NC:WA:357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a pair of neoprene shorts from China

Dear Ms. Young:

In your letter dated October 3, 2007, on behalf of Meijer Distribution, you requested a classification ruling.

The sample submitted, item number 873653 “Neoprene Slim Short,” is a unisex pair of shorts composed of an outer and an inner layer of a flat knit 100% nylon fabric with an expanded neoprene rubber laminated in between. The garment is intended for wear while exercising. It is not sports clothing or protective clothing.

The pull-on pair of shorts is a tightly fitted garment with leg separations that extend to the thigh area. The garment is bound with capping fabric at the waist.

The sample is being returned to you as you have requested.

The applicable subheading for the neoprene shorts will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Trousers, breeches and shorts: Other: Men’s or boy’s. The duty rate will be 7.1 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 shorts fall within textile category 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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