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NY K84746




April 14, 2004
CLA-2-62:RR:NC:WA:355 K84746

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060; 6114.30.3070; 6203.43.4030; 6204.63.3532

Ms. Susan Morelli
Saucony, Inc.
13 Centennial Drive
Peabody, MA 01960

RE: The tariff classification of recycling shorts from Taiwan

Dear Ms. Morelli:

In your letter dated April 2, 2004, you requested a classification ruling.

You submitted a prototype of two garments that you intend to import and identified the garments as style 32665, a man’s recycling short and inner liner. The style incorporates two garments, an outer woven short shell and an inner padded form fitting liner made of knit fabric. The two garments are joined together by means of snap loops which attach the garments, one to the other, in a non-permanent fashion. This enables the purchaser to wear the garments as a unit for cycling, wear the outer woven shell as a simple pair of shorts or use the inner padded knit garment combined with another pair of shorts, also to be used when cycling.

The outer short shell is made of 100% woven polyester fabric and features an elasticized waistband with an interior drawcord. The inner liner is made of 86% polyester and 16% spandex knit mesh fabric. The inner liner is not suitable for use without an exterior covering garment. You state that this style will also be made and imported in women’s sizes and is identified as style 32664. The classifications of the outer and inner shorts and liners are separate.

The applicable subheading for the outer short shell, style 32665, men’s, will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Shorts: Men’s. The duty rate will be 27.9% ad valorem. The applicable subheading for the outer short shell, women’s, style 32664, will be 6204.63.3532, HTS, which provides for Women’s or girls’ trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: other: Other: Other: Shorts: Women’s. The duty rate will be 28.6% ad valorem.

The applicable subheading for the knit inner liner, style 32665, men’s will be 6114.30.3060, HTS, which provides for Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Men’s or boys’. The duty rate will be 14.9% ad valorem.

The applicable subheading for the knit inner liner, style 32664, women’s, will be 6114.30.3070, HTS, which provides for Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’. The duty rate will be 14.9% ad valorem.

Style 32665, other shell short, men’s, falls within textile category designation 647. Style 32664, outer shell short, women’s, falls within textile category designation 648. Style 32665, inner knit liner, men’s, and style 32664, inner knit liner, women’s fall within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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