The tariff classification of three garments from China. Dear Mr. Delgado:

NY L86105 August 4, 2005 CLA-2-62:RR:NC:N3:361 L86105 CATEGORY: Classification TARIFF NO.: 6104.63.2030; 6110.30.3055 Mr. Joey Delgado American Del Advantage, Inc. 44 Wicks Path Commack, NY 11725 RE: The tariff classification of three garments from China. Dear Mr. Delgado: In your letter dated July 7, 2005, you requested a tariff classification ruling for three garments. The submitted shorts, which will be imported under styles RG20, RG21, RG22 and RG23 (style numbers reflect garment size), are constructed from 85 percent nylon, 15 percent spandex knit fabric. The pull-on shorts have a folded over waistband and hemmed leg openings. The waist seam, leg hem seams and front and back rise seams are sewn and reinforced with overlock stitching. The submitted adult size pullover, which will be imported under styles NRG1L, NRG2L, NRG3L, NRG4L and NRG5L (style numbers reflect garment size), are also constructed from 85 percent nylon, 15 percent spandex knit fabric. The pullover has a mock turtleneck, long raglan sleeves, and a plain, hemmed bottom. The bottom of the collar, sleeves, sleeve seams, side seams, and sleeve and bottom hem are sewn and reinforced with overlock stitching. The submitted similarly styled children’s size pullover, which will be imported under styles NRGY1, NRGY2, NRGY3 (style numbers reflect garment size), are also constructed from 85 percent nylon, 15 percent spandex knit fabric. The garment differs from the adult pullover only in the presence of cuffs at the sleeves, rather than hemmed. Based on the information you provided concerning the specialized fabric used in the construction of the garments, you appear to be suggesting that the garments be classified in a heading other than regular garments of apparel. The terms of heading 6104 (for the shorts) and 6110 (for the pullovers) are not limited, thus they include all forms of these garments. (see HQ 089405) There is a limited exception to this rule for special articles for certain sports, which may be classified in heading 6114. Ruling HQ 960833 discusses this exception: The exemplars given in the EN, such as fencing clothing, jockeys’ silks and ballet clothing, are generally worn only while engaging in that activity. None of the garments submitted are so specialized that they could be worn only while surfing, nor are they unsuitable for wear for other activities, including various other water sports such as water skiing, wind surfing, and jet skiing. The submitted garments are not worn only while engaging in a specific sports activity, therefore, they do not meet this exception. Based on the information you provided, it appears that these garments are for both men and women. Chapter 61, note 9 states: Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes. Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments. Based on the samples and the information provided, the garments cannot be identified as either men’s/boys’ or women’s/girls’ garments. The garments will, therefore, be classified under the heading for women’s/girls’ garments. The applicable subheading for the pullovers will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers…knitted or crocheted: Of man-made fibers. The rate of duty will be 32 percent ad valorem. The applicable subheading for the shorts will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…shorts…knitted or crocheted: Of synthetic fibers. The rate of duty will be 28.2 percent ad valorem. The pullovers fall within textile category designation 639; the shorts fall within textile category designation 648. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.). 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 Angela DeGaetano at 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division