CLA-2-61:RR:NC:3:353 D81794

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a racing upper body garment from Hong Kong.

Dear Mr. Ralston:

In your letter dated September 2, 1998, on behalf of Reliable Racing supply Inc., you requested a classification ruling.

The submitted sample, Style RRS is a unisex racing upper body garment used in slalom racing. The garment consists of knit 82% polyester and 28% spandex fabric. The garment length is to the midriff, has long sleeves with padding and a full front zipper.

The applicable subheading for the racing upper body garment, Style RRS will be 6114.30.30.70, 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 15.6 % ad valorem.

The applicable special classification provision for the slalom racing upper body garment will be 9817.61.01 which provides for: "Articles of ski racing apparel which, because of their padding, construction, or other special features, are specially designed to protect against injuries for the sport of ski racing., such as blows caused by slalom gates or falls."

Style RRS falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

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. 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 U.S. Customs Service, which is available for inspection at your local Customs 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 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division