CLA-2 CO:R:C:G 083129 CRS
Mr. Gary E. Crawford
A.N. Deringer, Inc.
P.O. Box 559
Jackman, Maine 04945-0559
RE: Knitted Cycling Garments
Dear Mr. Crawford:
This is in reply to your letter dated July 11, 1988, to our
New York office, in which you requested a classification ruling
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), of two knitted cycling garments imported
from Canada. Samples were submitted with your request.
FACTS:
The articles in question are cycling tights or trousers and
are designated as styles 8433A and 8433B. The garments are made
from two equal layers of knit material of 79 percent nylon and 21
percent spandex and laminated together (kiss bonded) with a thin
layer of polyurethane foam. The style 8433A tights have an
elasticized waist and a drawstring, and zippers on the back of
the calves. In contrast to the 8433A tights, which are waist-
high, style 8433B is a one-piece garment with shoulder straps.
The back area is entirely covered while in front the garment
leaves the chest and midriff exposed. There are also zippers on
the calves of the 8433B pants.
ISSUE:
Whether the garments in question are made up articles of
headings 5903, 5906 or 5907 such that they would be classified
under heading 6113, HTSUSA?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI) govern
classification under the HTSUSA. GRI 1 provides that the
classification of articles is to be determined according to the
terms of the headings and any relevant section or chapter notes.
Chapter 61, HTSUSA, covers articles of apparel and clothing
accessories, knitted or crocheted. Heading 6113, HTSUSA, applies
to garments made up of knitted or crocheted fabrics of heading
5903, 5906 or 5907. Heading 5903 covers textile fabrics
impregnated, coated, covered or laminated with plastics, other
than those of heading 5902. Since the cycling clothes are made
from two layers of knitted material which are laminated together,
they are regarded as textile fabrics within the scope of heading
5903, absent any language to the contrary within the section or
chapter notes.
Note 2(a)(1) to chapter 59, HTSUSA, states that heading 5903
applies to:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics...other than:
(1) Fabrics in which the impregnation,
coating or covering cannot be seen with the
naked eye.
In applying Note 2(a)(1) to the merchandise in question, the
terms "coating or covering" are construed to include laminated
fabrics. Accordingly, since the polyurethane laminate is visible
to the naked eye when viewed in cross section, the cycling pants
are deemed to be garments made up of coated textile fabrics
within the meaning of heading 5903.
Note 8 to chapter 61 states that articles which cannot be
identified as men's or women's garments are to be classified in
the headings covering women's or girls' garments. The cycling
pants are described as being unisex and pursuant to note 8, are
classified as women's or girls' garments.
HOLDING:
The cycling tights or pants are classified under subheading
6113.00.0050 as garments made up of knitted or crocheted fabrics
of heading 5903, 5906 or 5907; other; trousers and breeches;
other; women's or girls'. They are dutiable at a rate of 7.6
percent ad valorem. The textile category is 648.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the Customs Service, which is available for
inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division