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NY I85968




October 2, 2002

CLA-2-61:RR:NC:3:353 I85968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060, 6114.30.3070

Mr. Ray Fagola
Lady Ester Lingerie Corp.
16 East 34th St.
New York, NY 10016

RE: The tariff classification of men’s and women’s biking shorts from the Philippines.

Dear Mr. Fagola:

In your letter dated September 11, 2002 you requested a classification ruling.

The submitted sample is a pair of women’s biking shorts made from knit 80% Polyester/20% Lycra fabric. The shorts have a padded insert made from friction absorbing open-cell foam. The pad is contour sewn to the crotch in the bicycle seat area and is designed for maximum wicking. You state that the shorts will also be manufactured and sold in men’s and women’s sizes.

The applicable subheading for the women’s bicycle shorts 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 15.1% ad valorem.

The applicable subheading for the men’s bicycle shorts 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 is 15.1% ad valorem.

The women’s and men’s biking shorts fall within textile category designation 659. Based upon international textile trade agreements products of the Philippines 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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.

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,

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