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NY M86893

October 12, 2006

CLA-2-62:RR:NC:N3:353 M86893


TARIFF NO.: 6211.43.0091

Ms. Yannie Teague
Express Freight Int’l.
1590 Rollins Rd.
Burlingame, CA 94010

RE: The tariff classification of biking shorts from China.

Dear Ms. Teague:

In your letter dated September 20, 2006, on behalf of Quality Worldwide, Inc., you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 26055, is a pair of women’s biking shorts made of woven 100% polyester fabric. The boxer-style shorts are made to women’s specification, and have an inner short liner with a crotch made of knit mesh fabric. The crotch offers padding for protection and the legs of the liner are elasticized. The garment has a snap zipper fly front closure with hook and loop adjustable tabs at the waist and a zipper pocket at the back of the waist. The shorts also feature two side pockets, a right zipper pocket and zipper opening on each side to facilitate easy movement when biking. The shorts will only be worn when riding a bicycle.

The applicable subheading for the women’s biking shorts, style 26055 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, Women’s or girls’: Of man-made fibers: Other.” The duty rate will be 16 percent ad valorem. The textile category designation is 659.

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

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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