CLA-2-62:RR:NC:3:353 L86558
Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104
RE: The tariff classification of motorcycle pants from China.
Dear Mr. Mento:
In your letter dated July 20, 2005, on behalf of No Fear Motocross, you requested a classification ruling.
The submitted samples are Style Numbers Tank 1068 and Elektron 1060 Motorcycle Pants.
Style Number Elektron 1060 Pant is a motocross pant for men or boys constructed of woven 85% nylon, 15% polyester fabric with some lower panels and cuffs of knit 100% polyester fabric. The pant features a mesh liner, front zipper and plastic buckle closure, padding to protect the tailbone, removable pads to protect the derriere, padded knees with an accordion leather patch and elasticized knit “gaiter” cuffs. The outer shell fabric is coated on the inside surface with polyurethane that is not visible to the naked eye. The woven fabric imparts the essential character of the pant. The pant would only be worn while participating in motocross activities.
The applicable subheading for the Style Number Elektron 1060 Pant will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’, of man-made fibers, other. The duty rate will be 16 percent ad valorem. The textile category designation is 659.
Style Number Elektron 1060 Pant falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.
The question of classification for the Style Number Tank 1068 Pant is being referred to the Office of Regulations and Rulings, U.S. Customs Service Head-quarters, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229 (Control Number NY L87103). A ruling will be issued to you from that office.
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