The tariff classification of triathlon garments from China.

NY J88979 October 29, 2003 CLA-2-61:RR:NC:3:353 J88979 CATEGORY: Classification TARIFF NO.: 6114.30.3070, 6114.30.3060 Ms. Susan Morelli Saucony Inc. 13 Centennial Drive Peabody MA 01960 RE: The tariff classification of triathlon garments from China. Dear Ms. Morelli: In your letter dated October 1, 2003 you requested a classification ruling. As requested, the samples will be returned to you. The submitted samples are Style Numbers 42354 Alcatraz Tri Brief, 42368 Qualifier Short and 42337 Velocity Suit. No sample, but descriptive literature was provided for Sample Numbers 42307 Alcatraz Tri Brief and 42359 Qualifier Short. All the garments are constructed of knit 80% nylon, 20% spandex fabric; the fabric is chlorine and sea salt resistant. All are worn at triathlon competitions. Style Number 42354 Alcatraz Tri Brief is a woman’s triathlon brief that features a full elasticized waistband through which a drawstring is threaded, and an internal pocket. Style Number 42307 Alcatraz Tri Brief is the men’s version of the triathlon brief. Unlike ordinary briefs, these are worn as the primary garment, not underneath another garment. Style Number 42368 Qualifier Short is a woman’ triathlon short that features a full elasticized waistband through which a drawstring is threaded, flat seam construction, and a padded crotch and seat area to guard against abrasion. Style Number 42359 Qualifier Short is the men’s version of the Qualifier Short; it too features a padded crotch and seat area. Style Number 42337 Velocity Suit is a man’s velocity suit that is a one piece garment featuring a round neckline, center front zipper closure, approximately 2½ inch shoulder strap, oversized armholes, exterior center back pocket and a padded crotch and seat area. The applicable subheading for the Style Numbers 42354 Alcatraz Tri Brief and 42368 Qualifier Short will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’.” The duty rate will be 15% ad valorem. The applicable subheading for the Style Numbers 42307 Alcatraz Tri Brief, 42359 Qualifier Short and 42337 Velocity Suit will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments knitted or crocheted: Of man-made fibers: Other, Other: Men’s or boys’.” The duty rate will be 15% ad valorem. Style Numbers 42354, 42307, 42368, 42359 and 42337 fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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. We are returning Style Numbers 14158 Lightfast Tank, 14160 Jetstrean Jersey and 14157 Torsion Top without a classification ruling. Ruling requests should be limited to 5 items of the same class or kind. You requested classification rulings for 8 items. You may wish to consider resubmission of your ruling request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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, National Commodity Specialist Division