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NY K81404

December 17, 2003
CLA-2-61:RR:NC:3:353 K81404


TARIFF NO.: 6114.30.3060

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of motorcycle jackets from Indonesia and Korea.

Dear Mr. Gonzalez:

In your letter dated December 1, 2003, on behalf of Intersport Fashions West Inc., you requested a classification ruling. The samples will be returned to you as requested.

Two samples of men’s motorcycle jackets were submitted with your request. You state that the jackets are made of woven 100% polyester fabric however upon examination the garments were determined to be made of knit fabric. Style FIR-951 is a mesh pullover style jacket with a zipper at the front, stand-up collar, two zippered pockets and rubber padding at the elbows and shoulders. Style FIR-950, Armor Mesh has a full front zipper closure and heavy rubber and plastic exterior padding at the elbows, shoulders and back.

The protective padding is such that the jackets will only be worn while riding motor cycles, and will no be worn for general use.

The applicable subheading for the jackets 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 rate of duty for 2003 is 15 per cent ad valorem and 14.9 per cent for 2004.

Styles FIR-951 and FiR-950 fall within textile category designation 659. Based upon international textile trade agreements products of Indonesia and Korea 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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