The tariff classification of men’s cycling shorts from Romania and men’s upper body garments from Romania and Indonesia

N300239 September 22, 2018 CLA-2-61:OT:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6114.30.3060; 6110.30.3053 Mr. Mihai Stroe Amer Sports, Inc. 110-2220 Dollarton Highway North Vancouver, BC V7H 3B2 Canada RE: The tariff classification of men’s cycling shorts from Romania and men’s upper body garments from Romania and Indonesia Dear Mr. Stroe: In your letter dated August 21, 2018, you requested a tariff classification ruling. Your samples will not be returned. Style 401838 “Deemax” is a pair of men’s cycling shorts composed of 90% polyester, 10% elastane knit fabric. The shorts feature an elasticized waistband and contain padded foam sewn into the crotch and seat. The padding is bulky, and the garment is impractical for everyday use and will only be worn while cycling. Style 401814 “Cosmic” is a men’s upper body garment constructed from 86% polyester, 14% elastane, finely knit fabric that measures 48 stitches per two centimeters counted in the horizontal direction. The garment features a full front opening with a zippered closure; a stand-up collar with a mesh knit fabric lining; short, hemmed sleeves with mesh knit fabric inserts at the undersleeves; a hanger loop at the inner rear neckline; a large, three-compartment pocket that extends across the lower rear panel; a small reflective strip sewn into each lower side seam; and a curved, hemmed bottom with an elasticized gripper strip on the longer rear panel. Style 401858 “Majolica” is a men’s upper body garment constructed from two different knit fabrics. The lower front and side panels and the majority of the rear panel are constructed from 65% wool, 35% polyester, finely knit fabric that measures 34 stitches per two centimeters counted in the horizontal direction. The upper front, side, and rear panels, the sleeves, and the collar are constructed from 82% polyester, 18% elastane, finely knit fabric that measures 52 stiches per two centimeters counted in the horizontal direction. The garment features a spread collar; a left-over-right, partial front opening with three snap closures; short sleeves that are hemmed with adhesive; perforations in the fabric of the undersleeves with reflective strips at the sleeve ends; perforations in the fabric of the upper side panels; a patch pocket on the left chest with a contrasting color, vertical zippered closure; a hanger loop at the inner rear neckline; a small heat seal logo stripe on the upper rear panel below the collar; a large, three-compartment pocket that extends across the lower rear panel; a pocket with a contrasting color, zippered closure sewn into the front of the right compartment; and a curved, hemmed bottom with a reflective strip and an elasticized gripper strip on the longer rear panel. You have suggested that consideration should be given to the classification of Styles 401814 and 401858 as sports clothing under 6114.30.3060, Harmonized Tariff Schedule of the United States (HTSUS). Sports clothing must be specially designed to be worn in a particular sport and must also be the type of garment that would not ordinarily be worn at any other time. The garments at issue here contain nothing to distinguish them from general purpose upper body garments. They are not made in a special fashion, nor do they possess any special features which would make them uniquely suited for a particular sport. Therefore, the garments are not considered sports clothing classifiable in heading 6114, HTSUS. Further, as noted above, Style 401858 is constructed of two different knit fabrics. Such garments are considered composite goods, with the classification determined by the material that imparts its essential character. General Rules of Interpretation (GRI) 3(b), HTSUS, noted. Based on this office’s physical examination of Style 401858, neither the 65% wool, 35% polyester knit fabric nor the 82% polyester, 18% elastane knit fabric exceeds 60% of the garment’s visible surface area. Moreover, neither fabric imparts the essential character of the garment. Therefore, Style 401858 will be classified in accordance with General Rule of Interpretation (GRI) 3(c), under the heading that occurs last in numerical order in the HTSUS. The applicable subheading for Style 401838 will be 6114.30.3060, HTSUS, which provides for: Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Men’s or boys’. The rate of duty will be 14.9 percent ad valorem. The applicable subheading for Styles 401814 and 401858 will be 6110.30.3053, HTSUS, which provides for: Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Men’s or boys’: Other. The rate of duty will be 32 percent ad valorem. We note that a label sewn into the lower left side seam of Style 401858 identifies the garment’s fiber content as follows: “Shell: PES:82 – EL:18%.” Textile fiber products imported into the United States must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. To ensure compliance with this Act, we suggest you contact the Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Information may also be obtained at the Federal Trade Commission website, www.ftc.gov. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Maryalice Nowak at maryalice.nowak@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division