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NY J85433

July 2, 2003

CLA-2-61:RR:NC:3:353 J85433


TARIFF NO.: 6114.30.3060

Ms. Laura Denny
CBT Int’l., Inc.
110 West Ocean Blvd., Suite 728
Long Beach, CA 90802

RE: The tariff classification of motorcross under shorts from Taiwan or China.

Dear Ms. Denny:

In your letter dated May 29, 2003, on behalf of Fox Racing USA, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample is a pair of men’s “comp air short” for motorcross sports that is worn under motorcross shorts. The garment is made of knit 90% polyester/10% Lycra or Spandex fabric. The sport boxer-brief design shorts have removable hip pads and a chamois crotch.

The applicable subheading for the “comp air short” 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 will be 15% ad valorem.

The “comp air short” falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan or China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.


Robert B. Swierupski

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