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NY 854193

August 6, 1990

CLA-2-62;63:S:N:N3H:354 854193


TARIFF NOS.: 6212.90.0030; 6307.90.9590

Ms. Ann M. Williams
A.N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919-9703

RE: The tariff classification of an athletic supporter with protective cup, shin straps, garter belt and suspenders from Canada.

Dear Ms. Williams:

In your letter dated July 9, 1990, on behalf of Holmont Industries, Ltd., you requested a tariff classification ruling.

Your submitted sample, a junior hockey accessory kit is composed of four separate articles which can function alone and are not considered a set under the General Rules of Interpretation (GRI) of the Harmonized Tarrif Schedules of the United States (HTS). In addition, the athletic supporter, garter belts and suspenders are excluded from classification as ice-hockey equipment in Chapter 95 by the Legal Notes to that chapter. The shin straps are excluded from classification in as ice-hockey equipment by a previous headquarters' rulings Your first submitted sample, is a textile athletic supporter imported with a protective cup. The athletic supporter is constructed of a 1 1/2 inch elasticized man-made fiber waistband, 3/4 inch elaticized leg straps, and a front pouch that holds the protective cup. The cup is plastic with a rubber-like cushioned edge. If the cup is imported with the supporter it is considered as a part of the supporter and classified as such. If the cup was imported alone, it would be classified under chapter 95.

Your second submitted sample is a garter belt of elasticized man-made fiber, one inch wide and secured by a metal buckle. The belt has four metal and plastic garter grips attached to two 3 inch long elasticized straps that are sewn onto the belt. The third sample is suspenders of elasticized man-made fibers with adjustable straps, metal buckles, and is attached to the pants by vinyl inverted U-shaped fasteners with a place for the buttons at the bottom of the U. The last sample is four shin guard straps that attach a shin guard to the player's leg. The straps are 3/4 inch wide and 12 inches long with a hook and loop closure.

The applicable subheading for the athletic supporter and protective cup, garter belt and suspenders will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other... of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 7 percent ad valorem.

The applicable subheading for the shin guard straps will be 6307.90.9590, (HTS), which provides for other made-up articles including dress patterns: other: other: other. The duty rate will be 7 percent ad valorem.

Goods classifiable under subheading 6212.90.0030 and 6307.90.9590 HTS, which have originated in the territory of Canada, will be entitled to a 5.6 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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