The tariff classification of garments and accessories from Slovakia

N272184 February 12, 2016 CLA-2-61:OT:RR:NC:N3:348 CATEGORY: Classification TARIFF NO.: 6114.30.3060; 6117.80.9540 Ludmila Romero Monstrow, LLC 1633 Reg Sage Irvine, California 92618 RE: The tariff classification of garments and accessories from Slovakia Dear Ms. Romero: In your letter dated December 7, 2015 you requested a tariff classification ruling. Your samples are being returned to you. Style 001 MRB (001 Men Race Bib shorts) is constructed from two different finely knit fabrics. The front and back panels are constructed from 82% polyester, 18% spandex knit fabric. The remainder of the garment is constructed of 78% polyester, 22% spandex knit fabric. The one piece pull-on garment has shoulder straps that measure two and one half inches in width; oversized armholes; deeply cut front panels that provide partial covering of the front and back above the waist; and gripper strips at the leg openings. The garment has a multi-layered thickly padded insert in the crotch and seat area that consists of an outer layer of synthetic chamois with inner layers of foam. The insert prevents abrasion and chafing and absorbs sweat while biking. The padded insert is cumbersome, making the garment too restrictive for everyday wear. Style 001 MTB (001 Men Training Bib shorts) is constructed from two different finely knit fabrics. The front and back panels are constructed from 82% polyester, 18% spandex knit fabric. The remainder of the garment is constructed of 78% polyester, 22% spandex knit fabric. The one piece pull-on garment has shoulder straps that measure two and one half inches in width; oversized armholes; deeply cut front panels that provide partial covering of the front and back above the waist; and gripper strips at the leg openings. The garment has a multi-layered thickly padded insert in the crotch and seat area that consists of an outer layer of synthetic chamois with inner layers of foam. The insert prevents abrasion and chafing and absorbs sweat while biking. The padded insert is cumbersome, making the garment too restrictive for everyday wear. Style 001 LW (001 Leg Warmers) is constructed from 80% polyester 20% spandex knit fabric. The leg warmer features a knit tubular shape approximately 22 inches long with silicone strip at the top and bottom opening. Style 001 AW (001 Arm Warmers) is constructed from 80% polyester 20% spandex knit fabric. The arm warmer features a knit tubular shape approximately 17 inches long with silicone strip at the top opening. The applicable subheading for Styles 001 MRB (001 Men Race Bib shorts) and 001 MTB (001 Men Training Bib shorts) is 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. The applicable subheading for Styles 001 LW (001 Leg Warmers) and 001 AW (001 Arm Warmers) will be 6117.80.9540, HTSUS, which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: other, of man-made fibers: other. The duty rate will be 14.6 percent ad valorem. You requested a classification for a Style 001 MRJ (001 Men Race Jersey). Unfortunately, we cannot provide a classification at this time. The issue of the classification of certain bicycling shirts in heading 6109 versus heading 6114 is currently pending before the United States Court of International Trade (CIT) in the matter of Specialized Bicycle v United States, CIT No. 10-00332 and Specialized Bicycle v United States, CIT No. 10-00142. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following: “No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court appeal therefrom.” In light of the prohibition set out in CFT 177.7(b), and as the instant ruling request is closely related to the classification issue presently pending in the CIT, this office is unable to issue a ruling letter to you with respect to the classification of the cycling jersey. Accordingly, we are administratively closing the file. You may submit another request after the court has issued its decision on these cases. 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/. 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 Rosemarie Hayward at rosemariecasey.hayward @cbp.dhs.gov. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division