CLA-2-62;63:S:N:N3H:354 854193
TARIFF NOS.: 6212.90.0030; 6307.90.9590
Ms. Ann M. Williams
A.N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919-9703
RE: The tariff classification of an athletic supporter with
protective cup, shin straps, garter belt and suspenders
from Canada.
Dear Ms. Williams:
In your letter dated July 9, 1990, on behalf of Holmont
Industries, Ltd., you requested a tariff classification ruling.
Your submitted sample, a junior hockey accessory kit is composed
of four separate articles which can function alone and are not
considered a set under the General Rules of Interpretation (GRI) of the
Harmonized Tarrif Schedules of the United States (HTS). In addition,
the athletic supporter, garter belts and suspenders are excluded from
classification as ice-hockey equipment in Chapter 95 by the Legal
Notes to that chapter. The shin straps are excluded from
classification in as ice-hockey equipment by a previous headquarters'
rulings Your first submitted sample, is a textile athletic supporter
imported with a protective cup. The athletic supporter is constructed
of a 1 1/2 inch elasticized man-made fiber waistband, 3/4 inch
elaticized leg straps, and a front pouch that holds the protective
cup. The cup is plastic with a rubber-like cushioned edge. If the cup
is imported with the supporter it is considered as a part of the
supporter and classified as such. If the cup was imported alone, it
would be classified under chapter 95.
Your second submitted sample is a garter belt of elasticized
man-made fiber, one inch wide and secured by a metal buckle. The belt
has four metal and plastic garter grips attached to two 3 inch long
elasticized straps that are sewn onto the belt. The third sample is
suspenders of elasticized man-made fibers with adjustable straps, metal
buckles, and is attached to the pants by vinyl inverted U-shaped
fasteners with a place for the buttons at the bottom of the U. The
last sample is four shin guard straps that attach a shin guard to the
player's leg. The straps are 3/4 inch wide and 12 inches long with a
hook and loop closure.
The applicable subheading for the athletic supporter and
protective cup, garter belt and suspenders will be 6212.90.0030,
Harmonized Tariff Schedule of the United States (HTS), which provides
for brassieres, girdles, corsets, braces, suspenders, garters and
similar articles and parts thereof, whether or not knitted or
crocheted: other... of man-made fibers or man-made fibers and rubber or
plastics. The duty rate will be 7 percent ad valorem.
The applicable subheading for the shin guard straps will be
6307.90.9590, (HTS), which provides for other made-up articles
including dress patterns: other: other: other. The duty rate will be 7
percent ad valorem.
Goods classifiable under subheading 6212.90.0030 and 6307.90.9590
HTS, which have originated in the territory of Canada, will be entitled
to a 5.6 percent rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be brought
to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport