CLA-2-62:RR:NC:3:353 G89275

Mr. Bill Burgess
Prorace Products
5639 W. Barstow Ave.
Fresno, CA 93722

RE: The tariff classification of racing suits from China.

Dear Mr. Burgess:

In your letter dated April 11, 2001, you requested a classification ruling. The samples will be returned to you.

The submitted samples are Style #s 210S1 and 261D2 Racing Suits. The garments are used exclusively by racecar drivers. Style #210S1 is a jumpsuit constructed of fire resistant woven 100% cotton fabric. The garment features rib knit cuffs, stand-up collar with hook and loop fastener, full front zipper closure with protective flap, elasticized rear waistband and two side slash pockets below the waist. Style #261D2 consists of a jacket and pants constructed of an outer shell of fire resistant woven Nomex® aramid fiber fabric. The lining is a combination of Nomex® and fire resistant cotton fabrics. The hip-length jacket features rib knit sleeve cuffs, stand-up collar with hook and loop fastener, full front zipper closure, elasticized bottom and no pockets. The pants features rib knit cuffs, full front zipper closure with a snap at the top, elasticized rear waistband and two side slash pockets.

The applicable subheading for the Style #210S1 jumpsuit will be 6211.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Of cotton, Coveralls, jumpsuits and similar apparel: Other: Men's.” The duty rate will be 8.2% ad valorem. The textile category designation is 359.

The applicable subheading for the Style #261D2 jacket will be 6211.33.0058, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Of man-made fibers, Jackets and jacket-type garments excluded from heading 6201.” The duty rate will be 16.3% ad valorem. The textile category designation is 634.

The applicable subheading for the Style #261D2 pants will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Of man-made fibers, Other.” The duty rate will be 16.3% ad valorem. The textile category designation is 659.

Based upon international textile trade agreements products of China 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division