CLA-2-62:OT:RR:NC:N3:354

Mr. Thomas Filbeck
Phoenix International Freight Services, Ltd.
10801 North Pomona Avenue
Kansas City, MO 64153-1205

RE: The tariff classification of athletic compression shorts from Pakistan.

Dear Mr. Filbeck:

In your letter dated June 19, 2012, written on behalf of your client, Stromgren Athletics, you requested a tariff classification ruling. The samples submitted will be returned.

Style FAC-PS001 is referred to as a “Performance Short”. The tight fitting undergarment extends from the waist to above the knee and is constructed of 78% nylon 22% spandex knit fabric. You state the article is intended to be used during strenuous physical activity, such as exercising or playing sports, and is designed to support the wearer’s muscles and tendons in the lower abdomen, waist, hips and upper legs. The undergarment features an approximately 2 inch waist band that shows the registered name Cramer at regular intervals, a hemmed bottom and a change of knit pattern located at various areas. Style 1530S is a tight fitting undergarment that extends from the waist to above the knee and is constructed of 78% nylon 22% spandex knit fabric. The article is intended to be used in strenuous athletic activity and features a neoprene liner in the back of each leg which, along with the compression from the short, helps to keep the wearer’s hamstring muscles warm by holding the natural body heat next to the skin. The short also features an approximately 2 inch waist band that shows the words Stromgren and Flex Pad at regular intervals, moisture wicking properties and several Velcro surfaces designed to allow the attachment of impact absorbing pads or extra nylon straps to further increase support to the wearer’s waist, hips or upper legs. The applicable subheading for style FAC-PS001will be 6212.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: girdles and panty-girdles…of man-made fibers. The rate of duty will be 20% ad valorem.

The applicable subheading for Style 1530S will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), 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 rate of duty will be 6.6% ad valorem.       Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Robert Ivers at (646) 733-3054.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division