NY 877956
OCTOBER 05,1992
CLA-2-64:S:N:N3D: 346-ST 877956
Ms. Melora Watling
Hi Fibre Textiles Ltd.
#1-3751 N. Fraser Way
Burnaby, BC, Canada V5J 5G4
RE: The tariff classification of "Sugoi" brand cycle apparel
from Canada and Pakistan.
Dear Ms. Watling:
In your letter dated September 1, 1992, received here on
September 8, 1992, you requested a tariff classification ruling.
Regarding the footwear, the sample you described is as
follows:
"I.D. # DESCRIPTION SUGGESTED TARIFF CLASSIFICATIONS
9211 Unisex bicycling 6404.19.20
waterproof overshoe.
Fabric: 100% Poly knit.
Polyurethane coating.
Fabric Origin: Canada
Fabric: 80% Polypropylene/
20% Spandex. Fabric Origin:
U.S. Manufactured in Canada."
We note that the upper material is not externally visibly
coated with plastic but that the sole material is. The sole, as
is, would completely cover the bottom of the foot. An
instruction sheet in one of the shoes provides a template to help
the purchaser cut out part of the sole to accomodate the cleats,
if any, on his bicycle shoe. Even if this cut out is made, the
remainder of this item's sole would still cover most of the
bottom of the foot.
Your submitted sample, style 9120, is a lightly lined full-
fingered glove with a synthetic leather palm, fingers and thumb.
The palm is padded. The synthetic leather, for tariff purposes,
is a not knitted and non-coated fabric. The glove also features
a knit man-made fabric back of the hand and an applied knit cuff.
The essential character of this glove is imparted by the
synthetic leather portion. You described this glove as a bicycle
glove. The padded palm is typically found on bicycle gloves.
The light lining provides warmth appropriate to the activity.
The cuff prevents wind from entering the rider's sleeve.
Accordingly, this glove shows design for use in winter bicycle
riding.
Your submitted sample, style 9100, is a half-fingered glove
with a padded synthetic leather palm and thumb reinforecement.
The synthetic leather, for tariff purposes, is a not knitted and
non-coated fabric. The back of the hand is made of 80 percent
polyester amd 20 percent spandex knit fabric, the back of the
thumb is made of terry. An off center vent is secured by a hook
and loop closure. This glove shows design for use in the sport
of bicycling. The essential character is imparted by the
synthetic palm and thumb.
Style 2300 (Skinsuit) is a one piece knitted garment
specially designed for the sport of cycling. The garment, which
you state is unisex, is made from 80 percent man-made fiber
(either nylon or polyester) and 20 percent spandex fabric. The
garment features short sleeves, a zippered front opening which
extends to a seamed waist and a shorts-type bottom with
elasticized leg opening. The shorts portion contains a multi-
layered padded insert sewn to the crotch and seat area. The
insert consists of an outer layer of chamois which contains a
polyester foam core designed for maximum moisture wicking. The
insert's purpose is purely functional, i.e., to pervent abrasion
and chafing and to absorb sweat while biking. This is a
necessary feature for serious cyclists to enable them to avoid
the hazards of the sport. This padded insert is somewhat
cumbersome, making the garment too restrictive for everyday wear.
The applicable subheading for the footwear will be
6404.19.20, Harmonized Tariff Schedule of the United States
(HTS), which provides for footwear, in which the upper's external
surface is predominately textile materials; in which the outer
sole's external surface is predominately rubber and/or plastics;
which is not "Athletic" footwear; and which is designed to be a
protection against water, oil, or cold or inclement weather. The
duty rate will be 37.5 percent.
The applicable subheading for both gloves will be
6216.00.4600, Harmonized Tariff Schedule of the United States
(HTS), which provides for gloves, mittens and mitts: Other: of
man-made fibers: other gloves, mittens and mitts, all the
foregoing specially designed for use in sports. The duty rate
will be 5.5 percent.
The applicable subheading for the skin suit will be
6114.30.3030, Harmonized Tariff Schedule of the United States
(HTS), which provides for certain articles. The duty rate will
be 16.1 percent.
Goods classifiable under subheading 6404.19.20 and
6114.30.30, HTS, which have originated in the territory of
Canada, will be entitled to 22.5 percent and 9.6 percent rates of
duty respectively, under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
HTS 6114.30.3030 falls within textile category designation
237. However, there are currently no quota or visa requirements
applicable to products of Canada in this categroy.
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