The tariff classification of a pair of neoprene shorts from Hong Kong

NY H86004 December 10, 2001 CLA-2-62:RR:NC:WA:357 H86004 CATEGORY: Classification TARIFF NO.: 6113.00.9044; 6113.00.9052 Mr. Ricky C. S. Au Yeung Au-Yeung, Cheng, Ho & Tin 14/F. & Rm. 1905 Far East Consortium Bldg. 121 Des Voeux Rd. Central, Hong Kong RE: The tariff classification of a pair of neoprene shorts from Hong Kong Dear Mr. Au Yeung: In your letter received in this office December 4, 2001, on behalf of Smartraders Limited, you requested a classification ruling. The sample submitted is a pair of shorts designed to be worn for water sports, swimming and diving. The shorts are constructed of one layer on the outer surface composed of a knit 100% nylon fabric and one layer on the inner surface composed of a knit 100% nylon fabric with an expanded neoprene rubber laminated in between. The garment is a pull-on pair of shorts that are tightly fitted, extend from the waist to the mid-thigh area and have leg separations. The garment also has a gripper elastic waistband with an inner drawcord tightening and gripper elastic on the bottom edge of the thigh area. The “Polaris” logo is featured along the length of the right thigh and on the bottom area of the left thigh. The sample is being returned to you. If the garment is made for men’s wear then the applicable subheading for the shorts will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTS), 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 boys’. The duty rate will be 7.2 percent ad valorem. For 2002 the duty rate is unchanged. If the garment is made for women’s wear then the applicable subheading for the shorts will be 6113.00.9052, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: trousers, breeches and shorts: other: women’s or girls’. The duty rate will be 7.2 percent ad valorem. For 2002 the duty rate is unchanged. If the shorts are made for men’s wear it falls within textile category designation 647. If the shorts are made for women’s wear it falls within textile category designation 648. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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, National Commodity Specialist Division