CLA-2-61:RR:NC:3:353 J83373

Mr. Pete Michalczyk
Colorado Customs Brokers, Inc.
6750 E. 46th Ave. Dr., Unit 600
Denver, Colorado 80216

RE: The tariff classification of cycling shorts from Macau, China and Thailand.

Dear Mr. Michalczyk:

In your letter dated April 10, 2003 you requested a classification ruling.

The submitted sample, Style 0104, “Ultra Sensor Bib Short” is made of knit 65% nylon, 17% polyester and 18% spandex fabric. The unisex shorts have a racer back, open front, oversize armholes and padding of synthetic chamois in the crotch and derriere. The garment would only be worn while riding a bicycle.

The applicable subheading for the “Ultra Sensor Bib Short” will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s Or girls’.” The duty rate will be 15% ad valorem.

Style 0104 falls within textile category designation 659. Based upon international textile trade agreements products of Macu, China and Thailand 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division