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NY L88918

December 8, 2005

CLA-2-2:RR:NC:3:353 L88918


TARIFF NO.: 6114.30.3060

Ms. Janet M. Jenkins
4605 Coates Drive
Fairburn, GA 30213

RE: The tariff classification of a biker short from Honduras.

Dear Ms. Jenkins:

In your letter dated November 1, 2005, received in this office on November 29, 2005, on behalf of New Holland Lingerie, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Style 6M203 Biker Short constructed of knit 76% polyester, 24% spandex fabric. The tight-fitting short features an elasticized waistband, knit mesh rear patch pocket, thick textile chamois in the crotch area, and reflective piping at the lower inner leg seam, reflective heat transfers in the rear right leg, and what appears to be reflective thread along the side seam. The short would only be worn when riding a bicycle.

The applicable subheading for the Style 6M203 Bike Short will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: men’s or boys’. The general duty rate will be 14.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

You also request a determination of eligibility under the Caribbean Basin Trade Partnership Act (CBTPA). Specifically, you ask whether reflective piping, reflective heat transfers, and a size transtat (label) are considered “findings and trimmings.” Your inquiry does not provide enough information for us to give a determination of eligibility under the CBTPA. This office found it extremely difficult to determine the country of origin of each component from the information you supplied. Please state the country of origin of every component used to construct the bike short. Include the country of formation of the fabric and yarns that made each fabric for all four fabrics used in the short (solid black, black mesh, blue and yellow). Please state the country of origin for the reflective heat transfer, reflective piping, heat transtat, foam padding, double circle rubber label, waist elastic, jacquard leg opening elastic and all threads. Is the reflective tape used to create the reflective leg piping? Is the grey side-seam thread reflective? The construction specifications differ from the sample you supplied; for example the specifications mention piping on the top of the pocket, but the sample you supplied has no reflective piping. Is the sample identical in construction to the bike short that will be imported into the United States? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

We note that you request a review of whether the chamois, of Italian origin, can be considered “short supply.” The determination of “short supply” is under the authority of the Committee for the Implementation of Textile Agreements (CITA). We suggest you go to their web site at otexa.ita.doc.gov or “Procedures in Considering Requests Under the Textile and Apparel ‘Short Supply’ Provisions of the African Growth and Opportunity Act and The United States-Caribbean Basin Trade Partnership Act” issued by CITA, 66 Federal Register 13502-13504, March 6, 2001.

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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