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NY N007456




March 6, 2007

CLA-2-61:RR:NC:WA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006

Ms. Rebekka Moen
Dash America, Inc.
D/B/A Pearl Izumi USA, Inc.
620 Compton Street
Broomfield, Colorado
80020

RE: The tariff classification of a woman’s triathlon racing short

Dear Ms. Moen:

In your letter dated February 21, 2007 you requested a classification ruling.

Style # 1557 (style name Micro Race Short) is described as a woman’s triathlon racing short. The garment is a ladies’ pull-on knit short. The main body is 90 percent nylon 10 percent spandex and the side panels are 87 percent polyester 13 percent spandex. The short features a full elasticized waistband with a drawstring, hemmed leg openings and a lightly padded crotch.

The submitted short is made in the U.S. However, the country of manufacture for the prospective importation has not yet been decided.

We are returning your sample.

You have recommended classification for the short under 6114.30.3070, as other garments due to certain specific features. The terms of heading 6104 are not limited, thus they include all forms of short. (see HQ 089405) While special articles of apparel used for certain sports are properly classified in heading 6114, this is a limited exception, as indicated in HQ 960833: The exemplars given in the EN, such as fencing clothing, jockeys’ silks and ballet clothing, are generally worn only while engaging in that activity. The garment submitted is not so specialized that it is unsuitable for wear for other activities. The submitted short does not meet this exception.

The applicable subheading for the shorts covered by style 1557 will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s shorts (other than swimwear): Knitted or crocheted: Of synthetic fibers: other: other: shorts: women’s. The duty rate will be 28.2% ad valorem.

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/.

Style 1557 falls within textile category 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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